Title 76, Criminal Offenses

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, requir…

76-3-401. Concurrent or consecutive sentences -- Limitations -- Definition. (1) A court shall determine, if a defendant has been adjudged guilty of more than one felony offense, whether to impose concurrent or consecutive sentences for the offenses. The court shall state on the r…

76-3-401.5. Concurrent or consecutive sentence with a juvenile disposition. (1) As used in this section: (a) "Authority" means the Youth Parole Authority created in Section 80-5-701. (b) "Board" means the Board of Pardons and Parole created in Section 77-27-2. (c) "Division" mean…

76-3-402. Conviction of lower degree of offense -- Procedure and limitations. (1) As used in this section: (a) "Lower degree of offense" includes an offense for which: (i) a statutory enhancement is charged in the information or indictment that would increase either the maximum o…

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 th…

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 j…

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 sa…

76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted. (1) As used in this section, "attempted child sexual offense" means an attempt to commit a felony that is: (a) rape of a child as described in Section 7…

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 aggra…

76-3-407. Repeat and habitual sex offenders -- Additional prison term for prior felony convictions. -- Mandatory imprisonment for entire term of imprisonment. (1) As used in this section: (a)(i) "Prior sexual offense" means: (A) a felony offense described in Chapter 5, Part 4, Se…

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 old, may be ordered to participate in treatment or therapy…

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 cle…

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…

76-4-102. Attempt -- Classification of offenses. (1) A violation of Section 76-4-101 where the actor attempts 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), a…

76-4-102. Attempt -- Classification of offenses. (1) A violation of Section 76-4-101 where the actor attempts 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), a…

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 comm…

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 t…

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 t…

76-4-203. Criminal solicitation of an adult. (1)(a) As used in this section: (i) "Adult" means an individual who is 18 years old or older. (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request. (b) Terms defined in Section 76-1-101.5 apply to this …

76-4-203. Criminal solicitation of an adult. (1)(a) As used in this section: (i) "Adult" means an individual who is 18 years old or older. (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request. (b) Terms defined in Section 76-1-101.5 apply to this …

76-4-205. Criminal solicitation of a minor. (1)(a) As used in this section: (i) "Minor" means an individual who is younger than 18 years old. (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request. (b) Terms defined in Section 76-1-101.5 apply to th…

76-4-206. Contributing to the delinquency of a minor. (1)(a) As used in this section: (i) "Adult" means an individual who is 18 years old or older. (ii) "Minor" means an individual who is younger than 18 years old. (b) Terms defined in Section 76-1-101.5 apply to this section. (2…

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 provis…

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.

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 o…

76-5-102. Assault. (1)(a) As used in this section, "chokehold" means a restraining hold in which one individual encircles the neck of another individual in a viselike grip using an arm. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits assault if…

76-5-102.1. Negligently operating a vehicle resulting in injury. (1)(a) As used in this section: (i) "Controlled substance" means the same as that term is defined in Section 58-37-101. (ii) "Drug" means the same as that term is defined in Section 76-5-207. (iii) "Negligent" or "n…

76-5-102.10. Assault or threat of violence against a military service member or a family member of a military service member. (1)(a) As used in this section: (i) "Assault" means an offense under Section 76-5-102. (ii) "Military service member" means: (A) a member of any branch of…

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, other than Section 76-5-417, 76-5-41…

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…

76-5-107.1. 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…