Utah Code 76-5-102.6. Propelling object or substance at a correctional or peace officer

76-5-102.6. Propelling object or substance at a correctional or peace officer — Penalties.

(1)

Under 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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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
Detained individual: means an individual detained under Section 77-7-15. See Utah Code 76-5-101
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Prisoner: means an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice Services regardless of whether the confinement is legal. See Utah Code 76-5-101
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

(a)

As used in this section, “infectious agent” means the same as that term is defined in Section 26B-7-201.

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

(2)

An actor commits the offense of propelling an object or substance at a correctional or peace officer if the actor:

(a)	is a prisoner or a detained individual; and

(b)	throws or otherwise propels an object or substance at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider.

(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:

(i)	the object or substance causes substantial bodily injury to the peace officer, the correctional officer, or the employee or volunteer, including a health care provider; or

(ii)

(A)

the object or substance is:

(I)	blood, urine, semen, or fecal material;

(II)	an infectious agent or a material that carries an infectious agent;

(III)

vomit or a material that carries vomit; or

(IV)	the actor’s saliva, and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; and

(B)	the object or substance comes into contact with any portion of the officer’s, employee’s, volunteer’s, or health care provider’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s, employee’s, volunteer’s, or health care provider’s body.

(4)	If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

Amended by Chapter 330, 2023 General Session

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