76-5-103. Aggravated assault — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-5-103- 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
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Dangerous weapon: means :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
| (a) |
As used in this section, “targeting a law enforcement officer” means the same as that term is defined in Section 76-5-202. |
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor commits aggravated assault if the actor:
| (a) |
| (i) |
attempts, with unlawful force or violence, to do bodily injury to another; |
| (ii) |
makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or |
| (iii) |
commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and |
|
| (b) |
includes in the actor’s conduct under Subsection (2)(a) the use of:
| (ii) |
any act that impedes the breathing or the circulation of blood of another individual by the actor’s use of unlawful force or violence that is likely to produce a loss of consciousness by:
| (A) |
applying pressure to the neck or throat of an individual; or |
| (B) |
obstructing the nose, mouth, or airway of an individual; or |
|
| (iii) |
other means or force likely to produce death or serious bodily injury. |
|
|
| (3) |
| (a) |
A violation of Subsection (2) is a third degree felony. |
| (b) |
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:
| (i) |
the act results in serious bodily injury; or |
| (ii) |
an act under Subsection (2)(b)(ii) produces a loss of consciousness. |
|
| (c) |
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury. |
|
Amended by Chapter 181, 2022 General Session
