76-5-102.9. Propelling a bodily substance or material — 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 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-102.9- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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:
| (i) |
“Bodily substance or material” means:
| (A) |
saliva, blood, urine, semen, or fecal material; |
| (B) |
an infectious agent or a material that carries an infectious agent; or |
| (C) |
vomit or a material that carries vomit. |
|
| (ii) |
“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 propelling a bodily substance or material if the actor knowingly or intentionally throws or otherwise propels a bodily substance or material at another 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 bodily substance or material is the actor’s saliva and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; or |
| (ii) |
the bodily substance or material comes into contact with any portion of the other individual’s face, including the eyes or mouth, or comes into contact with any open wound on the other individual’s body. |
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| (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
