76-5-102.8. Disarming a peace officer — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-5-102.8- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
| (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 76-10-501. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor commits disarming a peace officer if the actor intentionally takes or removes, or attempts to take or remove a firearm or a conductive energy device from an individual or immediate presence of an individual who the actor knows is a peace officer:
| (a) |
without the consent of the peace officer; and |
| (b) |
while the peace officer is acting within the scope of the peace officer’s authority as a peace officer. |
|
| (3) |
| (a) |
A violation of Subsection (2) regarding a firearm is a first degree felony. |
| (b) |
A violation of Subsection (2) regarding a conductive energy device is a third degree felony. |
|
Amended by Chapter 181, 2022 General Session
