76-7-314.  Violations of abortion laws — Classifications.

(1)  An intentional violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311, or 76-7-312 is a felony of the third degree.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
felony of the second degree1 to 15 yearsup to $10,000
felony of the third degreeup to 5 yearsup to $5,000
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204

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Terms Used In Utah Code 76-7-314

  • Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
  • Department: means the Department of Health and Human Services. See Utah Code 76-7-301
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Physician: means :
    (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
    (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
    (c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (12)(a) or (b). See Utah Code 76-7-301
    (2)  A violation of Section 76-7-326 is a felony of the third degree.

    (3)  A violation of Section 76-7-314.5 is a felony of the second degree.

    (4)  A violation of any other provision of this part, including Subsections 76-7-305(2)(a) through (c), and (e), is a class A misdemeanor.

    (5)  The Department of Health and Human Services shall report a physician‘s violation of any provision of this part to the Physicians Licensing Board, described in Section 58-67-201.

    (6)  Any person with knowledge of a physician’s violation of any provision of this part may report the violation to the Physicians Licensing Board, described in Section 58-67-201.

    (7)  In addition to the penalties described in this section, the department may take any action described in Section 26B-2-208 against a health care facility if a violation of this chapter occurs at the health care facility.

    Amended by Chapter 301, 2023 General Session
    Amended by Chapter 330, 2023 General Session