Title 76, Criminal Offenses

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 …

76-5-102.4. Assault or threat of violence against a peace officer or a family member of a peace officer. (1)(a) As used in this section: (i) "Assault" means an offense under Section 76-5-102. (ii) "Family member" means an individual's spouse, surviving spouse, parent, grandparent…

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 …

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 …

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 s…

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 76-11-101. (b) …

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 o…

76-5-103. Aggravated assault. (1)(a) As used in this section: (i) "Chokehold" means the same as that term is defined in Section 76-5-102. (ii) "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…

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 pris…

76-5-104. Consensual altercation. (1) As used in this section, "ultimate fighting match" means the same as that term is defined in Section 76-9-112. (2) In any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault as that offense is described in Section 76…

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 bod…

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…

76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law enforcement officer. (1)(a) As used in this section: (i) "Course of conduct" means two or more acts directed at or toward a specific individual, including: (A) acts in which the actor follows, monitor…

76-5-107. Threat of violence. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits a threat of violence if the actor: (a)(i) threatens to commit an offense: (A) under Title 76, Chapter 5, Part 4, Sexual Offenses; or (B) involving bodily injury, deat…

76-5-107. Threat of violence. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits a threat of violence if the actor: (a)(i) threatens to commit an offense: (A) under Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-41…

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 76-15-301. (ii) "School" means a preschool or a public or private elementary or secondary school. (b) Terms defined in Sect…

76-5-107.3. Terrorism. (1)(a) As used in this section: (i) "Hoax weapon of mass destruction" means the same as that term is defined in Section 76-15-301. (ii) "Weapon of mass destruction" means the same as that term is defined in Section 76-15-301. (b) Terms defined in Section 76…

76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits hazing if the actor intentionally, knowingly, or recklessly commits an act or causes another to commit an act that: (a)(i) endanger…

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 o…

76-5-109. Child abuse. (1)(a) As used in this section: (i) "Child" means an individual who is younger than 18 years old. (ii) "Injury" means a physical or psychological injury to or condition of a child which impairs the physical or psychological condition of the child, including…

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 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 sect…

76-5-109.3. Child abandonment. (1)(a) As used in this section: (i) "Child" means the same as that term is defined in Section 76-5-109. (ii) "Enterprise" means the same as that term is defined in Section 76-17-401. (iii) "Serious injury" means the same as that term is defined in S…

76-5-109.4. Child torture. (1)(a) As used in this section: (i) "Child" means the same as that term is defined in Section 76-5-109. (ii) "Course of conduct" means a pattern of conduct composed of two or more acts that evidence a continuity of purpose. (iii) "Serious injury" means …

76-5-110. Abuse or neglect of a child with a disability. (1)(a) As used in this section: (i) "Abuse" means: (A) inflicting injury; (B) having the care or custody of a child with a disability, causing or permitting another to inflict injury; or (C) unreasonable confinement. (ii) "…

76-5-111. Abuse of a vulnerable adult -- Penalties. (1)(a) As used in this section: (i) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the mean…

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 …

76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties. (1)(a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111. (b) Terms defined in Section 76-…

76-5-111.4. Financial exploitation of a vulnerable adult -- Penalties. (1)(a) As used in this section: (i) "Abuse" means the same as that term is defined in Section 76-5-111. (ii) "Business relationship" means a relationship between two or more individuals or entities where there…

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…

76-5-112.5. Endangerment of a child or vulnerable adult. (1)(a) As used in this section: (i)(A) "Chemical substance" means: (I) a substance intended to be used as a precursor in the manufacture of a controlled substance; (II) a substance intended to be used in the manufacture of …

76-5-113. Surreptitious administration of certain substances -- Definitions -- Penalties -- Defenses. (1)(a) As used in this section: (i) "Administer" means the introduction of a substance into the body by injection, inhalation, ingestion, or by any other means. (ii) "Alcoholic b…

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 …

76-5-115. Leaving a child unattended in a motor vehicle. (1)(a) As used in this section: (i) "Child" means an individual who is younger than nine years old. (ii) "Enclosed compartment" means any enclosed area of a motor vehicle, including the passenger compartment, regardless of …

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 dea…

76-5-202. Aggravated murder -- Penalties -- Affirmative defense and special mitigation -- Separate offense. (1)(a) As used in this section: (i) "Correctional officer" means the same as that term is defined in Section 53-13-104. (ii) "Emergency responder" means the same as that te…

76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation -- Separate offenses. (1)(a) As used in this section, "predicate offense" means: (i) a clandestine drug lab violation under Section 76-18-506; (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a)…

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.

76-5-205. Manslaughter. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits manslaughter if the actor: (a) recklessly causes the death of another individual; or (b) commits a homicide which would be murder, but the offense is reduced in accordance …

76-5-205.5. Special mitigation for mental condition or provocation -- Burden of proof -- Charge reduction. (1)(a) As used in this section: (i)(A) "Extreme emotional distress" means an overwhelming reaction of anger, shock, or grief that: (I) causes the defendant to be incapable o…

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 c…

76-5-207. Automobile homicide -- Penalties -- Evidence. (1)(a) As used in this section: (i) "Controlled substance" means the same as that term is defined in Section 58-37-101. (ii) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4). (iii) "D…

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, …

76-5-208. Child abuse homicide -- Penalties. (1)(a) As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, or 76-5-114. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) Unless a violation amounts to aggrava…

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 individ…

76-5-211. Aiding or encouraging suicide. (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 75A, Chapter 9, …

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 Se…