53-10-403.  DNA specimen analysis — Application to offenders, including minors.

(1)  Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person who:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 53-10-403

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commission: means the Alcoholic Beverage Services Commission. See Utah Code 53-10-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means an entity or division of:
    (i) 
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • (a)  has pled guilty to or has been convicted of any of the offenses under Subsection (2)(a) or (b) on or after July 1, 2002;

    (b)  has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;

    (c)  has been booked on or after January 1, 2011, through December 31, 2014, for any offense under Subsection (2)(c);

    (d)  has been booked:

    (i)  by a law enforcement agency that is obtaining a DNA specimen on or after May 13, 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or

    (ii)  on or after January 1, 2015, for any felony offense; or

    (e)  is a minor under Subsection (3).

(2)  Offenses referred to in Subsection (1) are:

(a)  any felony or class A misdemeanor under the Utah Code;

(b)  any offense under Subsection (2)(a):

(i)  for which the court enters a judgment for conviction to a lower degree of offense under Section 76-3-402; or

(ii)  regarding which the court allows the defendant to enter a plea in abeyance as defined in Section 77-2a-1; or

(c) 

(i)  any violent felony as defined in Section 53-10-403.5;

(ii)  sale or use of body parts, Section 26B-8-315;

(iii)  failure to stop at an accident that resulted in death, Section 41-6a-401.5;

(iv)  operating a motor vehicle with any amount of a controlled substance in an individual’s body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

(v)  a felony violation of enticing a minor, Section 76-4-401;

(vi)  negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);

(vii)  a felony violation of propelling a substance or object at a correctional officer, a peace officer, or an employee or a volunteer, including health care providers, Section 76-5-102.6;

(viii)  negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);

(ix)  aggravated human trafficking, Section 76-5-310, and aggravated human smuggling, Section 76-5-310.1;

(x)  a felony violation of unlawful sexual activity with a minor, Section 76-5-401;

(xi)  a felony violation of sexual abuse of a minor, Section 76-5-401.1;

(xii)  unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;

(xiii)  sale of a child, Section 76-7-203;

(xiv)  aggravated escape, Subsection 76-8-309(2);

(xv)  a felony violation of assault on an elected official, Section 76-8-315;

(xvi)  influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole, Section 76-8-316;

(xvii)  advocating criminal syndicalism or sabotage, Section 76-8-902;

(xviii)  assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;

(xix)  a felony violation of sexual battery, Section 76-9-702.1;

(xx)  a felony violation of lewdness involving a child, Section 76-9-702.5;

(xxi)  a felony violation of abuse or desecration of a dead human body, Section 76-9-704;

(xxii)  manufacture, possession, sale, or use of a weapon of mass destruction, Section 76-10-402;

(xxiii)  manufacture, possession, sale, or use of a hoax weapon of mass destruction, Section 76-10-403;

(xxiv)  possession of a concealed firearm in the commission of a violent felony, Subsection 76-10-504(4);

(xxv)  assault with the intent to commit bus hijacking with a dangerous weapon, Subsection 76-10-1504(3);

(xxvi)  commercial obstruction, Subsection 76-10-2402(2);

(xxvii)  a felony violation of failure to register as a sex or kidnap offender, Section 77-41-107;

(xxviii)  repeat violation of a protective order, Subsection 77-36-1.1(4); or

(xxix)  violation of condition for release after arrest under Section 78B-7-802.

(3)  A minor under Subsection (1) is a minor 14 years old or older who is adjudicated by the juvenile court due to the commission of any offense described in Subsection (2), and who:

(a)  committed an offense under Subsection (2) within the jurisdiction of the juvenile court on or after July 1, 2002; or

(b)  is in the legal custody of the Division of Juvenile Justice Services and Youth on or after July 1, 2002, for an offense under Subsection (2).

Amended by Chapter 328, 2023 General Session
Amended by Chapter 457, 2023 General Session