Utah Code 76-8-313. Threatened or attempted assault on an elected official
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
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 |
Terms Used In Utah Code 76-8-313
- 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
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Conduct: means an act or omission. 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
- 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
(1)(a) As used in this section, “elected official” means:
(1)(a)(i) an elected official of the state, county, or city;
(1)(a)(ii) an immediate family member of an individual described in Subsection (1)(a)(i);
(1)(a)(iii) a temporary judge appointed to fill a vacant judicial position;
(1)(a)(iv) a judge not yet retained by a retention election;
(1)(a)(v) a member of a school board; or
(1)(a)(vi) an individual appointed to fill a vacant position of an individual described in Subsection (1)(a)(i).
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits threatened or attempted assault on an elected official:
(2)(a) if the actor attempts or threatens, irrespective of a showing of immediate force or violence, to inflict bodily injury on an elected official with the intent to impede, intimidate, or interfere with the elected official in the performance of the elected official’s official duties or with the intent to retaliate against the elected official because of the performance of the elected official’s official duties; and
(2)(b) if the actor’s conduct described in Subsection (2)(a) involves a threat, the actor is reckless as to whether the actor’s threat would be considered to be threatening by a reasonable person who received the threat.
(3)
(3)(a) Except as provided by Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A violation of Subsection (2) is a third degree felony if:
(3)(b)(i) the actor attempts to inflict bodily injury; or
(3)(b)(ii) the elected official receives bodily injury.