76-5-102.  Assault — Penalties.

(1)  Terms defined in Section 76-1-101.5 apply to this section.

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
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-5-102

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • 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
  • 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
  • Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-101.5
(2)  An actor commits assault if the actor:

(a)  attempts, with unlawful force or violence, to inflict bodily injury on an individual; or

(b)  commits an act, with unlawful force or violence, that:

(i)  causes bodily injury to an individual; or

(ii)  creates a substantial risk of bodily injury to an individual.

(3) 

(a)  A violation of Subsection (2) is a class B misdemeanor.

(b)  Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if:

(i)  the actor causes substantial bodily injury to an individual; or

(ii)  the individual is pregnant and the actor has knowledge of the pregnancy.

(4)  The fact that the actor caused serious bodily injury to an individual is not a defense to a violation of this section.

Amended by Chapter 181, 2022 General Session