Utah Code 53B-28-304. Criminal retaliation against a victim or a witness

53B-28-304. Criminal retaliation against a victim or a witness.

(1)

As used in this section:

Allegation: something that someone says happened.
Covered allegation: means an allegation made to an institution that an individual committed an act of sexual violence. See Utah Code 53B-28-301
institution: means a public or private postsecondary institution that is located in Utah, including an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-28-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Sexual violence: means :

(a)	sexual abuse as described in 18 U. See Utah Code 53B-28-301 Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301
(a)	“Bodily injury” means the same as that term is defined in Section 76-1-101.5.

(b)	“Damage” means physical damage to an individual’s property.

(2)

An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage:

(a)	upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and

(b)

in retaliation for the victim’s or the witness’s:

(i)	report of the covered allegation; or

(ii)	involvement in an investigation initiated by the institution in response to the covered allegation.

(3)

An individual is guilty of a third degree felony if the individual:

(a)

communicates an intention to inflict bodily injury:

(i)	upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and

(ii)

in retaliation for the victim’s or the witness’s:

(A)	report of the covered allegation; or

(B)	involvement in an investigation initiated by the institution in response to the covered allegation; and

(b)

(i)	intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or

(ii)	knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.

Amended by Chapter 430, 2022 General Session