| (1) |
Except as provided under Subsection (2) or (3), an individual who discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:
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
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Terms Used In Utah Code 76-10-508.1- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous weapon: means :
| (ii) | an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
|
| (a) |
the actor discharges a firearm in the direction of one or more individuals, knowing or having reason to believe that any individual may be endangered by the discharge of the firearm; |
| (b) |
the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any individual or habitable structure; or |
| (c) |
the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle. |
| (2) |
A violation of Subsection (1) that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years. |
| (3) |
A violation of Subsection (1) that causes serious bodily injury to any individual is a first degree felony. |
| (4) |
In addition to any other penalties for a violation of this section, the court shall:
| (a) |
notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and |
| (b) |
specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c). |
|
| (5) |
This section does not apply to an individual:
| (a) |
who discharges a firearm when that individual is in lawful defense of self or others; |
| (b) |
who is performing official duties as provided in Section 23-20-1.5 or Subsections 76-10-523(1)(a) through (f) or as otherwise authorized by law; or |
| (c) |
who discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
| (i) |
the discharge occurs at a firing range or training ground; |
| (ii) |
at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i); |
| (iii) |
the discharge is made as practice or training for a lawful purpose; |
| (iv) |
the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and |
| (v) |
the discharge is not made in violation of Subsection (1). |
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Amended by Chapter 39, 2019 General Session
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