Title 76, Title 76: Criminal Offenses

76-2-404. Law enforcement officer use of deadly force. (1) As used in this section: "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individua…

76-2-405. Force or deadly force in defense of habitation, vehicle, or place of business or employment. (1) Except as provided in Subsection (2), an actor is justified in using force against an individual when and to the extent that the actor reasonably believes that the force is …

76-2-406. Force in defense of property -- Affirmative defense. (1) Except as provided in Section, an actor is justified in using force, other than deadly force, against another individual when and to the extent that the actor reasonably believes that force is necessary to prevent…

76-2-407. Deadly force in defense of individuals on real property. (1) As used in this section, "forcible felony" means the same as that term is defined in Section. 76-2-402 (2) An actor is justified in using force intended or likely to cause death or serious bodily injury agains…

76-2-408. Officer use of force -- Investigations. (1) As used in this section: "Dangerous weapon" means a firearm or an object that in the manner of its use or intended use is capable of causing death or serious bodily injury to an individual. "Deadly force" means a force that cr…

76-2-409. Battered person mitigation. (1) As used in this section: "Abuse" means the same as that term is defined in Section. 78B-7-102 "Cohabitant" means the same as the term is defined in Section. 78B-7-102 "Cohabitant" includes, notwithstanding the definition in Section, an in…

76-3-101. Sentencing in accordance with chapter. (1) A person adjudged guilty of an offense under this code shall be sentenced in accordance with the provisions of this chapter. (2) Penal laws enacted after the effective date of this code shall be classified for sentencing purpos…

76-3-102. Designation of offenses. Offenses are designated as felonies, misdemeanors, or infractions.

76-3-103. Felonies classified. (1) Felonies are classified into four categories: Capital felonies; Felonies of the first degree; Felonies of the second degree; Felonies of the third degree. (2) An offense designated as a felony either in this code or in another law, without speci…

76-3-104. Misdemeanors classified. (1) Misdemeanors are classified into three categories: Class A misdemeanors; Class B misdemeanors; Class C misdemeanors. (2) An offense designated as a misdemeanor in this code without specification as to punishment or category is an infraction …

76-3-105. Infractions. (1) Infractions are not classified. (2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infr…

76-3-201. Sentences or combination of sentences allowed -- Restitution and other costs -- Civil penalties. (1) As used in this section: "Convicted" means: having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or having received a judg…

76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole. (1) As described in Subsection, every individual committed to the state prison to serve an indeterminate term and, after December 31, 201…

76-3-203. Felony conviction -- Indeterminate term of imprisonment. A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term…

76-3-203.1. Enhanced penalty for offenses committed in or for a certain group. (1) As used in this section: "Criminal street gang" means the same as that term is defined in Section. 76-9-802 "In concert with two or more individuals" means: the actor was aided or encouraged by at …

76-3-203.1. Enhanced penalty for offenses committed in or for a certain group. (1) As used in this section: "Criminal street gang" means the same as that term is defined in Section. 76-9-802 "In concert with two or more individuals" means: the actor was aided or encouraged by at …

76-3-203.10. Violent offense committed in presence of a child -- Penalties. (1) As used in this section: "In the presence of a child" means: in the physical presence of a child younger than 14 years old; and having knowledge that the child is present and may see or hear the commi…

76-3-203.11. Reporting an overdose -- Mitigating factor. (1) As used in this section, "good faith" does not include seeking medical assistance under this section during the course of a law enforcement agency's execution of a search warrant, execution of an arrest warrant, or othe…

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) As used in this section: "Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses.…

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) As used in this section: "Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses.…

76-3-203.13. Enhanced penalty for unlawful sexual contact with a student. (1) An actor convicted of a sexual offense described in Sectionormay be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor: 76-5-401.1 76-5-401.2 was 18 years …

76-3-203.14. Victim targeting penalty enhancement -- Penalties. (1) As used in this section "personal attribute" means: age; ancestry; disability; ethnicity; familial status; gender identity; homelessness; marital status; matriculation; national origin; political expression; race…

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 timbe…

76-3-203.16. Offenses committed against animal enterprises -- Definitions -- Enhanced penalties. (1) As used in this section: "Animal enterprise" means a commercial or academic enterprise that: uses animals for food or fiber production; is an agricultural operation, including a f…

76-3-203.17. Enhancement of an offense for road rage. (1) As used in this section: "Roadway" means the same as that term is defined in Section. 41-1a-1101 "Operator" means the same as that term is defined in Section. 41-6a-102 "Vehicle" means the same as that term is defined in S…

76-3-203.18. Use of artificial intelligence -- Aggravating factor. (1) As used in this section: "Artificial intelligence" means the same as that term is defined in Section. 20A-11-1104 "Material assistance" means providing significant or essential support, information, tools, or …

76-3-203.19. Aggravating factor for an offense committed against a child or minor as part of a ritual. (1) As used in this section: "Offense against a child or minor" means an offense that is: child abuse as described in Section; 76-5-109 child torture, as described in Section; 7…

76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or about school premises -- Enhanced penalties. (1) As used in this section "on or about school premises" means: in a public or private elementary or secondary school; or on the grounds of any of those sc…

76-3-203.20. Aggravating factor if actor traveled to commit a child sexual offense. (1) As used in this section: "Child sexual offense" means one of the following offenses: human trafficking of a child for commercial sexual exploitation as described in Section; 76-5-308.6 unlawfu…

76-3-203.21. Transnational repression enhancement. (1) As used in this section: "Agent of a foreign government" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign government. "Agent of a foreign terrorist organization" means an in…

76-3-203.3. Penalty for hate crimes -- Civil rights violation. As used in this section: (1) "Primary offense" means those offenses provided in Subsection. (4) (2) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to …

76-3-203.4. Hate crimes -- Aggravating factors. (1) The sentencing judge or the Board of Pardons and Parole shall consider in their deliberations as an aggravating factor the public harm resulting from the commission of the offense, including the degree to which the offense is li…

76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty. (1) As used in this section: "Felony" means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which …

76-3-203.6. Enhanced penalty for certain offenses committed by prisoner. (1) As used in this section, "serving a sentence" means a prisoner is sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner…

76-3-203.7. Increase of sentence for violent felony if body armor used. (1) As used in this section: "Body armor" means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon. "Dangerous weapon" mea…

76-3-203.8. Increase of sentence if dangerous weapon used. (1) As used in this section, "dangerous weapon" means the same as that term is defined in Section. 76-1-101.5 (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or …

76-3-203.9. Violent offense committed in presence of a child -- Aggravating factor. (1) As used in this section: "In the presence of a child" means: in the physical presence of a child younger than 14 years of age; or having knowledge that a child younger than 14 years of age is …

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) Except as provided in Subsection, in the case of a class A misdemeanor, for a term not exceeding 364 days. (1)(b) Except as …

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 fine, which may include compensatory service as a method to satisfy the fine; forfeiture; disqualification; or any com…

76-3-206. Capital felony -- Penalties. (1) An individual 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) If the individual described in Subsectionwas 18 years old or older at the time the of…

76-3-207. Capital felony -- Sentencing proceeding -- Appeals. (1) When a defendant has pled guilty to or been found guilty of a capital felony, a further proceeding shall be conducted on the issue of the defendant's sentence for the capital felony. When a defendant has pled guilt…

76-3-207.5. Applicability -- Effect on sentencing -- Options of offenders. (1) The sentencing option of life without parole provided in Sectionsandapplies only to those capital felonies for which the offender is sentenced on or after April 27, 1992. 76-3-201 76-3-207 The sentenci…

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 Sectionshall be sentenced by the court. 76-5-202 (2) The sentence under …

76-3-208. Imprisonment -- Custodial authorities. (1) Persons sentenced to imprisonment shall be committed to the following custodial authorities: felony commitments shall be to the Utah State Prison; class A misdemeanor commitments shall be to the jail, or other facility designat…

76-3-209. Limitation on sentencing for crimes committed by juveniles. (1) As used in this section: "Qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. "Qualifying sexual offense" does not include enticing a minor as described in Section. …

76-3-209. Limitation on sentencing for crimes committed by juveniles. (1) As used in this section,"qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. (2) This Subsectiononly applies prospectively to an individual sentenced on or after May…