76-5-107.5. Prohibition of “hazing” — Definitions — Penalties.
| (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 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 76-5-107.5
- 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
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
| (2) |
An actor commits hazing if the actor intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:
| (a) |
| (i) |
endangers the mental or physical health or safety of an individual; |
| (ii) |
involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; |
| (iii) |
involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or |
| (iv) |
involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; and |
|
| (b) |
| (i) |
is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or |
| (ii) |
if the actor knew that the individual is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years. |
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| (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 the act involves:
| (i) |
the operation or other use of a motor vehicle; |
| (ii) |
the consumption of an alcoholic product as defined in Section 32B-1-102; or |
| (iii) |
the consumption of a drug or a substance as defined in Section 76-5-113. |
|
| (c) |
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a third degree felony if the act involves the use of a dangerous weapon. |
| (d) |
Notwithstanding Subsection (3)(a), (b), or (c), a violation of Subsection (2) is a third degree felony if the hazing results in serious bodily injury to an individual. |
| (e) |
Notwithstanding Subsection (3)(a), (b), (c), or (d), a violation of Subsection (2) is a second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon . |
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| (4) |
| (a) |
A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting. |
| (b) |
It is not a defense to prosecution of hazing that an individual under 21 years old, against whom the hazing was directed, consented to or acquiesced in the hazing activity. |
|
| (5) |
| (a) |
This section does not apply to military training or other official military activities. |
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| (6) |
| (a) |
A prosecution under this section does not bar a prosecution of the actor for:
| (i) |
any other offense for which the actor may be liable as a party for conduct committed by the individual hazed; or |
| (ii) |
any offense, caused in the course of the hazing, that the actor commits against the individual hazed. |
|
| (b) |
Under Subsection (6)(a)(i) an actor may be separately punished, both for the hazing offense and the conduct committed by the individual hazed. |
| (c) |
Under Subsection (6)(a)(ii) an actor may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty. |
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Amended by Chapter 181, 2022 General Session
