76-5-102.4. Assault against peace officer or a military service member in uniform — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-102.4- 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
- Dangerous weapon: 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
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
As used in this section:
| (i) |
“Assault” means an offense under Section 76-5-102. |
| (ii) |
“Military service member in uniform” means:
| (A) |
a member of any branch of the United States military who is wearing a uniform as authorized by the member’s branch of service; or |
| (B) |
a member of the National Guard serving as provided in Section 39A-3-103. |
|
| (iii) |
“Peace officer” means:
| (A) |
a law enforcement officer certified under Section 53-13-103; |
| (B) |
a correctional officer under Section 53-13-104; |
| (C) |
a special function officer under Section 53-13-105; or |
| (D) |
a federal officer under Section 53-13-106. |
|
| (iv) |
“Threat of violence” means an offense under Section 76-5-107. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
| (a) |
An actor commits assault against a peace officer if:
| (i) |
the actor commits an assault or threat of violence against a peace officer, with knowledge that the peace officer is a peace officer; and |
| (ii) |
at the time of the assault or threat of violence, the peace officer was acting within the scope of authority as a peace officer. |
|
| (b) |
An actor commits an assault or threat of violence against a military service member in uniform if:
| (i) |
the actor commits an assault or threat of violence against a military service member in uniform; and |
| (ii) |
at the time of the assault or threat of violence, the service member was on orders and acting within the scope of authority granted to the military service member in uniform. |
|
|
| (3) |
| (a) |
A violation of Subsection (2) is a class A misdemeanor. |
| (b) |
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
| (i) |
has been previously convicted of a class A misdemeanor or a felony violation of this section; or |
| (ii) |
causes substantial bodily injury. |
|
| (c) |
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second degree felony if the actor uses:
| (i) |
a dangerous weapon; or |
| (ii) |
other means or force likely to produce death or serious bodily injury. |
|
|
| (4) |
This section does not affect or limit any individual’s constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Utah Constitution or laws, or by the United States Constitution or federal law. |
| (5) |
An actor who violates this section shall serve, in jail or another correctional facility, a minimum of:
| (a) |
90 consecutive days for a second offense; and |
| (b) |
180 consecutive days for each subsequent offense. |
|
| (6) |
The court may suspend the imposition or execution of the sentence required under Subsection (5) if the court finds that the interests of justice would be best served by the suspension and the court makes specific findings concerning the disposition on the record. |
Amended by Chapter 44, 2023 General Session
