76-3-203.14. Victim targeting penalty enhancement — Penalties.
| (1) |
As used in this section “personal attribute” means:
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 | | class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-3-203.14- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
| (a) |
age; |
| (k) |
political expression; |
| (p) |
service in the U.S. Armed Forces; |
| (q) |
status as an emergency responder, as defined in Section 53-2b-102; or |
|
| (2) |
A defendant is subject to enhanced penalties under Subsection (3) if the defendant intentionally selects:
| (a) |
the victim of the criminal offense because of the defendant’s belief or perception regarding the victim’s personal attribute or a personal attribute of another individual or group of individuals with whom the victim has a relationship; or |
| (b) |
the property damaged or otherwise affected by the criminal offense because of the defendant’s belief or perception regarding the property owner’s, possessor’s, or occupant’s personal attribute or a personal attribute of another individual or group of individuals with whom the property owner, possessor, or occupant has a relationship. |
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| (3) |
| (a) |
If the trier of fact finds beyond a reasonable doubt that a defendant committed a criminal offense and selected the victim or property damaged or otherwise affected by the criminal offense in the manner described in Subsection (2), the defendant is subject to an enhanced penalty for the criminal offense as follows:
| (i) |
a class C misdemeanor is a class B misdemeanor; |
| (ii) |
a class B misdemeanor is a class A misdemeanor; |
| (iii) |
a class A misdemeanor is a third degree felony; |
| (iv) |
a third degree felony is a third degree felony punishable by an indeterminate term of imprisonment for not less than one year nor more than five years; and |
| (v) |
a second degree felony is a second degree felony punishable by an indeterminate term of imprisonment for not less than two years nor more than 15 years. |
|
| (b) |
If the trier of fact finds beyond a reasonable doubt that a defendant committed a criminal offense that is a first degree felony and selected the victim or property damaged or otherwise affected by the criminal offense in the manner described in Subsection (2), the sentencing judge or the Board of Pardons and Parole shall consider the defendant’s selection of the victim or property as an aggravating factor. |
|
| (4) |
This section does not:
| (a) |
apply if:
| (i) |
the penalty for the criminal offense is increased or enhanced under another provision of state law; or |
| (ii) |
the personal attribute of the victim or property owner, possessor, or occupant is an element of a criminal offense under another provision of state law; |
|
| (b) |
prevent the court from imposing alternative sanctions as the court finds appropriate; |
| (c) |
affect or limit any individual’s constitutional right to the lawful expression of free speech or other recognized rights secured by the Utah Constitution or the laws of the state, or by the United States Constitution or the laws of the United States; or |
| (d) |
create a special or protected class for any purpose other than a criminal penalty enhancement under this section. |
|
| (5) |
| (a) |
If a final decision of a court of competent jurisdiction holds invalid any provision of this section or the application of any provision of this section to any person or circumstance, the remaining provisions of this section remain effective without the invalidated provision or application. |
| (b) |
The provisions of this section are severable. |
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Enacted by Chapter 504, 2019 General Session
