76-3-203.3.  Penalty for hate crimes — Civil rights violation.
     As used in this section:

(1)  “Primary offense” means those offenses provided in Subsection (4).

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
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-3-203.3

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
(2) 

(a)  A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection (2)(b).

(b) 

(i)  A class C misdemeanor primary offense is a class B misdemeanor; and

(ii)  a class B misdemeanor primary offense is a class A misdemeanor.

(3)  “Intimidate or terrorize” means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

(4)  Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:

(a)  assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106, 76-5-107, and 76-5-108;

(b)  any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(a);

(c)  any criminal trespass offense under Sections 76-6-204 and 76-6-206;

(d)  any misdemeanor theft offense under Section 76-6-412;

(e)  any offense of obstructing government operations under Sections 76-8-301, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, and 76-8-313;

(f)  any offense of interfering or intending to interfere with activities of colleges and universities under 7;

(g)  any misdemeanor offense against public order and decency as defined in 1;

(h)  any telephone abuse offense under 2;

(i)  any cruelty to animals offense under Section 76-9-301;

(j)  any weapons offense under Section 76-10-506; or

(k)  a violation of Section 76-9-102, if the violation occurs at an official meeting.

(5)  This section does not affect or limit any individual’s constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

Amended by Chapter 111, 2023 General Session