76-5-107. Threat of violence — Penalty.
| (1) |
Terms defined in Section 76-1-101.5 apply to this section. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| 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 76-5-107
- 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
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- 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
- Substantial bodily injury: means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. See Utah Code 76-1-101.5
| (2) |
| (a) |
An actor commits a threat of violence if the actor:
| (i) |
| (A) |
threatens to commit an offense involving bodily injury, death, or substantial property damage; and |
| (B) |
acts with intent to place an individual in fear of imminent serious bodily injury, substantial bodily injury, or death; or |
|
| (ii) |
makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual. |
|
| (b) |
A threat under this section may be express or implied. |
|
| (3) |
| (a) |
A violation of Subsection (2) is a class B misdemeanor. |
| (b) |
An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act. |
| (c) |
In addition to any other penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate. |
|
| (4) |
It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat. |
Amended by Chapter 181, 2022 General Session
