76-3-203.7. Increase of sentence for violent felony if body armor used.
| (1) |
As used in this section:
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 76-3-203.7- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Dangerous weapon: means :Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grievous sexual offense: means :Utah Code 76-1-101.5
- 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
| (a) |
“Body armor” means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon. |
| (b) |
“Dangerous weapon” means the same as that term is defined in Section 76-1-101.5. |
| (c) |
“Violent felony” means the same as that term is defined in Section 76-3-203.5. |
|
| (2) |
A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:
| (a) |
a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life; |
| (b) |
a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and |
| (c) |
a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years. |
|
| (3) |
The sentencing enhancement described in this section does not apply if:
| (a) |
the offense for which the person is being sentenced is:
| (i) |
a grievous sexual offense; |
| (iii) |
aggravated kidnapping, Section 76-5-302; or |
| (iv) |
forcible sexual abuse, Section 76-5-404; and |
|
| (b) |
applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced. |
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Amended by Chapter 181, 2022 General Session
