reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.11 - Reporting an overdose -- Mitigating factor.

Effective 7/1/2024
76-3-203.11.
Reporting an overdose -- Mitigating factor.
It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah Controlled Substances Act, that the person or bystander:
(1) reasonably believes that the person or another person is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance;
(2) reports, or assists a person who reports, in good faith the overdose event to a medical provider, an emergency medical service provider as defined in Section 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the person is the subject of a report made under this section;
(3) provides in the report under Subsection (2) a functional description of the location of the actual overdose event that facilitates responding to the person experiencing the overdose event;
(4) remains at the location of the person experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the person experiencing an overdose event is located until a responding law enforcement officer arrives;
(5) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the person experiencing the overdose event and any substances the person may have injected, inhaled, or otherwise introduced into the person's body; and
(6) committed the offense in the same course of events from which the reported overdose arose.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.12 - Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.

Effective 5/9/2017
76-3-203.12.
Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.
(1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual Offenses, is subject to an enhanced penalty if at the time of the sexual offense the person was infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C and the person knew of the infection.
(2)
(a) Except as provided in Subsection (2)(b), the enhancement of a penalty described in Subsection (1) shall be an enhancement of one classification higher than the root offense for which the person was convicted.
(b) A felony of the first degree is not enhanced under this section.
Enacted by Chapter 449, 2017 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.13 - Enhanced penalty for unlawful sexual contact with a student.

Effective 5/4/2022
76-3-203.13.
Enhanced penalty for unlawful sexual contact with a student.
(1) A person convicted of a sexual offense described in Section 76-5-401.1 or 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor:
(a) was 18 years old or older;
(b) held a position of special trust as a teacher, employee, or volunteer at a school, as that position is defined in Subsection 76-5-404.1(1)(a)(iv)(S); and
(c) committed the offense against an individual who at the time of the offense was enrolled as a student at the school where the actor was employed or was acting as a volunteer.
(2) The enhancement of a penalty described in Subsection (1) shall be an enhancement of one classification higher than the offense of which the person was convicted.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.15 - Offenses committed against timber, mining, or agricultural industries -- Enhanced penalties.

Effective 5/3/2023
76-3-203.15.
Offenses committed against timber, mining, or agricultural industries -- Enhanced penalties.
(1) An actor who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries is subject to an enhanced penalty for the offense as provided below.
(2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the complaint in misdemeanor cases or the information or indictment in felony cases notice that the defendant is subject to the enhanced penalties provided under this section.
(3) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries, the penalties are enhanced as provided in this Subsection (3):
(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose;
(b) a class B misdemeanor is a Class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose;
(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose;
(d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and
(e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose.
(4) This section does not apply to 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.
Renumbered and Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 203.16 - Offenses committed against animal enterprises -- Definitions -- Enhanced penalties.

Effective 5/3/2023
76-3-203.16.
Offenses committed against animal enterprises -- Definitions -- Enhanced penalties.
(1) As used in this section:
(a) "Animal enterprise" means a commercial or academic enterprise that:
(i) uses animals for food or fiber production;
(ii) is an agricultural operation, including a facility for the production of crops or livestock, or livestock products;
(iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
(iv) any fair or similar event intended to advance agricultural arts and sciences.
(b) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit.
(c) "Property" includes any buildings, vehicles, animals, data, records, stables, livestock handling facilities, livestock watering troughs or other watering facilities, and fencing or other forms of enclosure.
(2) A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty under Subsection (4).
(3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section.
(4) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, the penalties are enhanced as provided in this Subsection (4):
(a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose;
(b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose;
(c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose;
(d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and
(e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose.
(5) This section does not apply to 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.
Renumbered and Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 204 - Misdemeanor conviction -- Term of imprisonment.

Effective 5/14/2019
76-3-204.
Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding 364 days.
(2) In the case of a class B misdemeanor, for a term not exceeding six months.
(3) In the case of a class C misdemeanor, for a term not exceeding 90 days.
Amended by Chapter 222, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 205 - Infraction conviction -- Fine, forfeiture, and disqualification.

Effective 5/8/2018
76-3-205.
Infraction conviction -- Fine, forfeiture, and disqualification.
(1) A person convicted of an infraction may not be imprisoned but may be subject to:
(a) a fine, which may include compensatory service as a method to satisfy the fine;
(b) forfeiture;
(c) disqualification; or
(d) any combination of the above.
(2) Compensatory service shall be considered in accordance with Section 76-3-301.7.
(3) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.
Amended by Chapter 214, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 206 - Capital felony -- Penalties.

Effective 5/10/2016
76-3-206.
Capital felony -- Penalties.
(1) A person who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207.
(2)
(a) If the person described in Subsection (1) was 18 years of age or older at the time the offense was committed, the sentence shall be:
(i) death;
(ii) an indeterminate prison term of not less than 25 years and that may be for life; or
(iii) on or after April 27, 1992, life in prison without parole.
(b) Subsections (2)(a)(i) and (2)(a)(iii) do not apply if the person was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016.
(3)
(a) The judgment of conviction and sentence of death is subject to automatic review by the Utah State Supreme Court within 60 days after certification by the sentencing court of the entire record unless time is extended an additional period not to exceed 30 days by the Utah State Supreme Court for good cause shown.
(b) The review by the Utah State Supreme Court has priority over all other cases and shall be heard in accordance with rules promulgated by the Utah State Supreme Court.
Amended by Chapter 277, 2016 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 207.5 - Applicability -- Effect on sentencing -- Options of offenders.

Effective 5/10/2016
76-3-207.5.
Applicability -- Effect on sentencing -- Options of offenders.
(1)
(a) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 applies only to those capital felonies for which the offender is sentenced on or after April 27, 1992.
(b) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 has no effect on sentences imposed in capital cases prior to April 27, 1992.
(2) An offender, who commits a capital felony prior to April 27, 1992, but is sentenced on or after April 27, 1992, shall be given the option, prior to a sentencing hearing pursuant to Section 76-3-207, to proceed either under the law which was in effect at the time the offense was committed or under the additional sentencing option of life in prison without parole provided in Sections 76-3-201 and 76-3-207.
(3) The sentencing option of life without parole has no effect on sentences imposed on an offender who was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016.
Amended by Chapter 277, 2016 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 207.7 - First degree felony aggravated murder -- Noncapital felony -- Penalties -- Sentenced by court.

Effective 5/10/2016
76-3-207.7.
First degree felony aggravated murder -- Noncapital felony -- Penalties -- Sentenced by court.
(1) A person who has pled guilty to or been convicted of first degree felony aggravated murder under Section 76-5-202 shall be sentenced by the court.
(2)
(a) The sentence under this section shall be:
(i) life in prison without parole; or
(ii) an indeterminate prison term of not less than 25 years and that may be for life.
(b) Subsection (2)(a)(i) does not apply if the person was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016.
Amended by Chapter 277, 2016 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 2 - Sentencing › Section 208 - Imprisonment -- Custodial authorities.

Effective 7/1/2021
76-3-208.
Imprisonment -- Custodial authorities.
(1) Persons sentenced to imprisonment shall be committed to the following custodial authorities:
(a) felony commitments shall be to the Utah State Prison;
(b)
(i) notwithstanding Section 76-3-204, class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year with a credit for one day; and
(ii) the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-111; and
(c) all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted.
(2) A custodial authority may place a prisoner in a facility other than the one to which the prisoner was committed when:
(a) the custodial authority does not have space to accommodate the prisoner; or
(b) the security of the institution or prisoner requires the prisoner to be placed in a facility other than the one to which the prisoner was committed.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 3 - Fines and Special Sanctions › Section 301 - Fines of individuals.

Effective 5/3/2023
76-3-301.
Fines of individuals.
(1) An individual convicted of an offense may be sentenced to pay a fine, not exceeding:
(a) $10,000 for a felony conviction of the first degree or second degree;
(b) $5,000 for a felony conviction of the third degree;
(c) $2,500 for a class A misdemeanor conviction;
(d) $1,000 for a class B misdemeanor conviction;
(e) $750 for a class C misdemeanor conviction or infraction conviction; and
(f) any greater amounts specifically authorized by statute.
(2)
(a) An individual convicted of a misdemeanor or infraction and sentenced to pay a fine may not be charged by a court:
(i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is more than 25% of the initial fine; or
(ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the fine, interest that is more than 25% of the initial fine.
(b) An individual convicted only of an infraction and sentenced to pay a fine may not be charged:
(i) by the Office of State Debt Collection, late fees and interest that in the aggregate are more than 25% of the initial fine; or
(ii) by a third-party debt contractor of the Office of State Debt Collection, additional fees.
(3) Subsection (2) does not apply to a case that includes:
(a) victim restitution; or
(b) a felony conviction, even if that felony conviction is later reduced.
(4) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.
Amended by Chapter 113, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 3 - Fines and Special Sanctions › Section 301.5 - Uniform fine schedule -- Judicial Council.

Effective 7/1/2021
76-3-301.5.
Uniform fine schedule -- Judicial Council.
(1) The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301(1).
(a) The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council.
(b) The schedule shall be reviewed annually by the Judicial Council.
(c) The fines shall be collected as part of a criminal accounts receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103.
(2) The schedule shall incorporate:
(a) criteria for determining aggravating and mitigating circumstances; and
(b) guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances.
(3) Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule.
(4) The Judicial Council shall also establish a separate uniform recommended fine schedule for the juvenile court and by rule provide for its implementation.
(5) This section does not prohibit the court from in its discretion imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 3 - Fines and Special Sanctions › Section 301.7 - Compensatory service.

Effective 5/8/2018
76-3-301.7.
Compensatory service.
(1) As used in this section, "compensatory service" means service or unpaid work performed by a person, in lieu of the payment of a criminal fine, for:
(a) a state or local government agency;
(b) an entity that is approved as a nonprofit organization under Section 501(c) of the Internal Revenue Code; or
(c) any other entity or organization if prior approval is obtained from the court.
(2) When a defendant is sentenced to pay a fine for an infraction, class C or class B misdemeanor, the court shall consider allowing the defendant to complete compensatory service in lieu of the payment of the fine or account receivable, exclusive of any victim restitution imposed.
(3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for an infraction, class C or class B misdemeanor, shall be informed by the court of the opportunity to perform compensatory service in lieu of the fine or bail amount.
(4) The court shall credit timely completed compensatory service reported in accordance with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall allow the defendant a reasonable amount of time to complete the service.
(5)
(a) The court shall provide the defendant with instructions that inform the organization:
(i) about the requirements in Subsection (5)(b); and
(ii) that making a written false statement to the court about the defendant's compensatory service is punishable as a class B misdemeanor pursuant to Section 76-8-504.
(b) The defendant shall report compensatory service hours to the court in a letter that:
(i) is on the organization's official letterhead and includes contact information for the organization's representative;
(ii) specifies the number of hours for which the defendant provided service;
(iii) contains a brief description of what the service involved; and
(iv) is signed by an authorized representative of the organization; or
(v) is in a form otherwise acceptable to the court.
(6) The court may refuse to accept compensatory service:
(a) completed prior to the date of sentencing;
(b) that has been submitted to another court for credit; or
(c) completed at an agency or organization or is a type of service that is specifically prohibited by the court.
Enacted by Chapter 214, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 3 - Fines and Special Sanctions › Section 302 - Fines of corporations, associations, partnerships, or government instrumentalities.

76-3-302.
Fines of corporations, associations, partnerships, or government instrumentalities.
A corporation, association, partnership, or governmental instrumentality shall pay a fine for an offense defined in this code for which no special corporate fine is specified. The fine shall not exceed:
(1) $20,000 for a felony conviction;
(2) $10,000 for a class A misdemeanor conviction;
(3) $5,000 for a class B misdemeanor conviction; and
(4) $1,000 for a class C misdemeanor conviction or for an infraction conviction.
Amended by Chapter 291, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 3 - Fines and Special Sanctions › Section 303 - Additional sanctions against corporation or association -- Advertising of conviction -- Disqualification of officer.

76-3-303.
Additional sanctions against corporation or association -- Advertising of conviction -- Disqualification of officer.
(1) When a corporation or association is convicted of an offense, the court may, in addition to or in lieu of imposing other authorized sanctions, require the corporation or association to give appropriate publicity of the conviction by notice to the class or classes of persons or section of the public interested in or affected by the conviction, by advertising in designated areas, or by designated media or otherwise.
(2) When an executive or high managerial officer of a corporation or association is convicted of an offense committed in furtherance of the affairs of the corporation or association, the court may include in the sentence an order disqualifying him from exercising similar functions in the same or other corporations or associations for a period of not exceeding five years if it finds the scope or willfulness of his illegal actions make it dangerous or inadvisable for such functions to be entrusted to him.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 403 - Credit for good behavior against jail sentence for misdemeanors and certain felonies.

76-3-403.
Credit for good behavior against jail sentence for misdemeanors and certain felonies.
In any commitment for incarceration in a county jail or detention facility, other than the Utah State Prison, the custodial authority may in its discretion and upon good behavior of the inmate allow up to 10 days credit against the sentence to be served for every 30 days served or up to two days credit for every 10 days served when the period to be served is less than 30 days if:
(1) the incarceration is for a misdemeanor offense, and the sentencing judge has not entered an order to the contrary; or
(2) the incarceration is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order to the contrary.
Amended by Chapter 91, 1998 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 403.5 - Work or school release from county jail or facility -- Conditions.

76-3-403.5.
Work or school release from county jail or facility -- Conditions.
When an inmate is incarcerated in a county jail or in a detention facility, the custodial authority may, in accordance with the release policy of the facility, allow the inmate to work outside of the jail or facility as part of a jail or facility supervised work detail, to seek or work at employment, or to attend an educational institution, if the inmate's incarceration:
(1) is not for an offense for which release is prohibited under state law; and
(2)
(a) is for a misdemeanor offense, and the sentencing judge has not entered an order prohibiting release under this section; or
(b) is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order prohibiting release under this section.
Amended by Chapter 148, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 405 - Limitation on sentence where conviction or prior sentence set aside.

76-3-405.
Limitation on sentence where conviction or prior sentence set aside.
(1) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied.
(2) This section does not apply when:
(a) the increased sentence is based on facts which were not known to the court at the time of the original sentence, and the court affirmatively places on the record the facts which provide the basis for the increased sentence; or
(b) a defendant enters into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, in which case the defendant and the prosecution stand in the same position as though the plea bargain, conviction, and sentence had never occurred.
Amended by Chapter 291, 1997 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 406 - Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.

Effective 5/3/2023
76-3-406.
Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
(1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, except as provided in Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense, and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits a capital felony or a first degree felony involving:
(a) Section 76-5-202, aggravated murder;
(b) Section 76-5-203, murder;
(c) Section 76-5-301.1, child kidnaping;
(d) Section 76-5-302, aggravated kidnaping;
(e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);
(f) Section 76-5-402.1, rape of a child;
(g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(3)(b), (3)(c), or (4);
(h) Section 76-5-402.3, object rape of a child;
(i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);
(j) Section 76-5-403.1, sodomy on a child;
(k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(3)(b)(i) or (ii);
(l) Section 76-5-404.3, aggravated sexual abuse of a child;
(m) Section 76-5-405, aggravated sexual assault; or
(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
(2) Except for an offense before the district court in accordance with Section 80-6-502 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the defendant:
(a) was under 18 years old at the time of the offense; and
(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.

76-3-406.5.
Aggravating factors in imprisonment for certain criminal homicide cases.
(1) As used in this section:
(a) "Cohabitant" has the same definition as in Section 78B-7-102.
(b) "Position of trust" includes the position of a spouse, parent, or cohabitant.
(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.
(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:
(a) aggravated murder under Section 76-5-202;
(b) murder under Section 76-5-203; or
(c) manslaughter under Section 76-5-205.
(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 407 - Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.

Effective 5/3/2023
76-3-407.
Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.
(1) As used in this section:
(a) "Prior sexual offense" means:
(i) a felony offense described in Chapter 5, Part 4, Sexual Offenses;
(ii) sexual exploitation of a minor, Section 76-5b-201;
(iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
(iv) a felony offense of enticing a minor, Section 76-4-401;
(v) a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iv); or
(vi) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (v).
(b) "Sexual offense" means:
(i) an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in Chapter 5, Part 4, Sexual Offenses;
(ii) sexual exploitation of a minor, Section 76-5b-201;
(iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
(iv) a felony offense of enticing a minor, Section 76-4-401;
(v) a felony attempt to commit an offense described in Subsections (1)(b)(ii) through (iv); or
(vi) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (v).
(2) Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
(a) the defendant was convicted of a prior sexual offense; and
(b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced.
(3) The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.
Amended by Chapter 457, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 409 - Child abuse or sex offense against child -- Treatment of offender or victim -- Payment of costs.

76-3-409.
Child abuse or sex offense against child -- Treatment of offender or victim -- Payment of costs.
(1) Any person convicted in the district court of child abuse, or a sexual offense if the victim is under 18 years of age, may be ordered to participate in treatment or therapy under the supervision of the adult probation and parole section of the Department of Corrections, in cooperation with the division of children, youth, and families until the court is satisfied that such treatment or therapy has been successful or that no further benefit to the convicted offender would result if such treatment or therapy were continued. The court may also order treatment of the victim if it believes the same would be beneficial under the circumstances. Nothing in this section shall preclude the court from imposing any additional sentence as provided by law.
(2) The convicted offender shall be ordered to pay, to the extent that he or she is able, the costs of his or her treatment, together with treatment costs incurred by the victim and any administrative costs incurred by the appropriate state agency in the supervision of such treatment. If the convicted offender is unable to pay all or part of the costs of treatment, the court may order the appropriate state agency to pay such costs to the extent funding is provided by the Legislature for such purpose and shall order the convicted offender to perform public service work as compensation for the cost of treatment.
Amended by Chapter 212, 1985 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 3 - Punishments › Part 4 - Limitations and Special Provisions on Sentences › Section 410 - Compensatory service -- Graffiti penalties.

Effective 5/3/2023
76-3-410.
Compensatory service -- Graffiti penalties.
(1) If an actor uses graffiti and is convicted under Section 76-6-106, 76-6-106.1, 76-6-107, or 76-6-206 for the use of graffiti, the court may, as a condition of probation under Subsection 77-18-105(6), order the actor to clean up graffiti of the actor and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the actor to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the actor to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the actor to clean up graffiti for not less than 24 hours.
(2) The actor convicted under Section 76-6-106, 76-6-106.1, 76-6-206, or 76-6-107 shall be responsible for removal costs as determined under Section 76-6-107, unless waived by the court for good cause.
(3) The court may also require the actor to perform other alternative forms of restitution or repair to the damaged property in accordance with Subsection 77-18-105(6).
Renumbered and Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 1 - Attempt › Section 101 - Attempt -- Elements of offense.

76-4-101.
Attempt -- Elements of offense.
(1) For purposes of this part, a person is guilty of an attempt to commit a crime if he:
(a) engages in conduct constituting a substantial step toward commission of the crime; and
(b)
(i) intends to commit the crime; or
(ii) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.
(2) For purposes of this part, conduct constitutes a substantial step if it strongly corroborates the actor's mental state as defined in Subsection (1)(b).
(3) A defense to the offense of attempt does not arise:
(a) because the offense attempted was actually committed; or
(b) due to factual or legal impossibility if the offense could have been committed if the attendant circumstances had been as the actor believed them to be.
Amended by Chapter 154, 2004 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 1 - Attempt › Section 102 - Attempt -- Classification of offenses.

76-4-102.
Attempt -- Classification of offenses.
(1) Criminal attempt to commit:
(a)
(i) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;
(ii) except as provided in Subsection (2), an attempt to commit aggravated murder, Section 76-5-202, which results in serious bodily injury, is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be for life;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony;
(c) any of the following offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (3), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony;
(f) a third degree felony is a class A misdemeanor;
(g) a class A misdemeanor is a class B misdemeanor;
(h) a class B misdemeanor is a class C misdemeanor; and
(i) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life; or
(b) six years and which may be for life.
(3) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser term than the term described in Subsection (1)(d) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.
Amended by Chapter 93, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 2 - Criminal Conspiracy › Section 201 - Conspiracy -- Elements of offense.

76-4-201.
Conspiracy -- Elements of offense.
For purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of the conduct and any one of them commits an overt act in pursuance of the conspiracy, except where the offense is a capital felony, a felony against the person, arson, burglary, or robbery, the overt act is not required for the commission of conspiracy.
Amended by Chapter 209, 2001 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 2 - Criminal Conspiracy › Section 202 - Conspiracy -- Classification of offenses.

76-4-202.
Conspiracy -- Classification of offenses.
Conspiracy to commit:
(1) a capital felony is a first degree felony;
(2) a first degree felony is a second degree felony; except that conspiracy to commit child kidnaping, in violation of Section 76-5-301.1 or to commit any of those felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, which are first degree felonies, is a first degree felony punishable by imprisonment for an indeterminate term of not less than three years and which may be for life;
(3) a second degree felony is a third degree felony;
(4) a third degree felony is a class A misdemeanor;
(5) a class A misdemeanor is a class B misdemeanor;
(6) a class B misdemeanor is a class C misdemeanor;
(7) A class C misdemeanor is punishable by a penalty not exceeding one half the penalty for a class C misdemeanor.
Amended by Chapter 40, 1996 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 2 - Criminal Conspiracy › Section 203 - Criminal solicitation -- Elements.

76-4-203.
Criminal solicitation -- Elements.
(1) An actor commits criminal solicitation if, with intent that a felony be committed, he solicits, requests, commands, offers to hire, or importunes another person to engage in specific conduct that under the circumstances as the actor believes them to be would be a felony or would cause the other person to be a party to the commission of a felony.
(2) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor's intent that the offense be committed.
(3) It is not a defense under this section that the person solicited by the actor:
(a) does not agree to act upon the solicitation;
(b) does not commit an overt act;
(c) does not engage in conduct constituting a substantial step toward the commission of any offense;
(d) is not criminally responsible for the felony solicited;
(e) was acquitted, was not prosecuted or convicted, or was convicted of a different offense or of a different type or degree of offense; or
(f) is immune from prosecution.
(4) It is not a defense under this section that the actor:
(a) belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; or
(b) fails to communicate with the person he solicits to commit an offense, if the intent of the actor's conduct was to effect the communication.
(5) Nothing in this section prevents an actor who otherwise solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the person solicited actually commits the offense.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 2 - Criminal Conspiracy › Section 204 - Criminal solicitation -- Penalties.

76-4-204.
Criminal solicitation -- Penalties.
(1) Criminal solicitation to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony;
(c) any of the following offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (2), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony; and
(f) a third degree felony is a class A misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser term than the term described in Subsection (1)(d) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.
Amended by Chapter 179, 2008 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 3 - Exemptions and Restrictions › Section 301 - Specific attempt or conspiracy offense prevails.

76-4-301.
Specific attempt or conspiracy offense prevails.
Whenever any offense specifically designates or defines an attempt or conspiracy and provides a penalty for the attempt or conspiracy other than provided in this chapter, the specific offense shall prevail over the provisions of this chapter.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 4 - Inchoate Offenses › Part 3 - Exemptions and Restrictions › Section 302 - Conviction of inchoate and principal offense or attempt and conspiracy to commit offense prohibited.

76-4-302.
Conviction of inchoate and principal offense or attempt and conspiracy to commit offense prohibited.
No person shall be convicted of both an inchoate and principal offense or of both an attempt to commit an offense and a conspiracy to commit the same offense.
Amended by Chapter 32, 1974 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 101 - Definitions.

Effective 5/4/2022
76-5-101.
Definitions.
Unless otherwise provided, as used in this part:
(1) "Detained individual" means an individual detained under Section 77-7-15.
(2) "Prisoner" means an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice Services regardless of whether the confinement is legal.
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 - Assault -- Penalties.

Effective 5/4/2022
76-5-102.
Assault -- Penalties.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits assault if the actor:
(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
(b) commits an act, with unlawful force or violence, that:
(i) causes bodily injury to an individual; or
(ii) creates a substantial risk of bodily injury to an 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 actor causes substantial bodily injury to an individual; or
(ii) the individual is pregnant and the actor has knowledge of the pregnancy.
(4) The fact that the actor caused serious bodily injury to an individual is not a defense to a violation of this section.
Amended by Chapter 181, 2022 General Session