Superseded 7/1/2024)

Superseded 7/1/2024
76-5-102.7.  Assault or threat of violence against health care provider, emergency medical service worker, or health facility employee, owner, or contractor — Penalty.

(1) 

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

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Terms Used In Utah Code 76-5-102.7

  • 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
(a)  As used in this section:

(i)  “Assault” means an offense under Section 76-5-102.

(ii)  “Emergency medical service worker” means an individual licensed under Section 26B-4-116.

(iii)  “Health care provider” means the same as that term is defined in Section 78B-3-403.

(iv)  “Health facility” means:

(A)  a health care facility as defined in Section 26B-2-201; and

(B)  the office of a private health care provider, whether for individual or group practice.

(v)  “Health facility employee” means an employee, owner, or contractor of a health facility.

(vi)  “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 or threat of violence against a health care provider or emergency medical service worker if:

(i)  the actor is not a prisoner or a detained individual;

(ii)  the actor commits an assault or threat of violence;

(iii)  the actor knew that the victim was a health care provider or emergency medical service worker; and

(iv)  the health care provider or emergency medical service worker was performing emergency or lifesaving duties within the scope of his or her authority at the time of the assault or threat of violence.

(b)  An actor commits assault or threat of violence against a health facility employee if:

(i)  the actor is not a prisoner or a detained individual;

(ii)  the actor commits an assault or threat of violence;

(iii)  the actor knew that the victim was a health facility employee; and

(iv)  the health facility employee was acting within the scope of the health facility employee’s duties for the health facility.

(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)  causes substantial bodily injury; and

(ii)  acts intentionally or knowingly.

Amended by Chapter 330, 2023 General Session

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