(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 77-36-1.1

  • Cohabitant: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-36-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • domestic violence offense: includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
    (a) aggravated assault, as described in Section 76-5-103;
    (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
    (c) assault, as described in Section 76-5-102;
    (d) criminal homicide, as described in Section 76-5-201;
    (e) harassment, as described in Section 76-5-106;
    (f) electronic communication harassment, as described in Section 76-9-201;
    (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301. See Utah Code 77-36-1
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Verdict: The decision of a petit jury or a judge.
  • (a) 

    (i)  “Convicted” means a conviction by plea or verdict of a crime or offense.

    (ii)  “Convicted” includes:

    (A)  a plea of guilty or guilty with a mental condition;

    (B)  a plea of no contest; and

    (C)  the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

    (iii)  “Convicted” does not include an adjudication in juvenile court.

    (b)  “Offense against the person” means commission or attempt to commit an offense under 1, 2, 3, 4, or 7, by one cohabitant against another.

    (c)  “Property damage offense” means the commission or attempt to commit an offense under Section 76-6-106.1 by one cohabitant against another.

    (d)  “Qualifying domestic violence offense” means:

    (i)  a domestic violence offense in Utah; or

    (ii)  an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.

(2)  An individual who is convicted of a domestic violence offense is guilty of a class B misdemeanor if:

(a)  the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and

(b)  the individual commits or is convicted of the domestic violence offense described in this Subsection (2):

(i)  within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or

(ii)  within five years after the day on which the individual is convicted of a criminal mischief offense.

(3)  An individual who is convicted of a domestic violence offense is guilty of a class A misdemeanor if:

(a)  the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and

(b)  the individual commits or is convicted of the domestic violence offense described in this Subsection (3):

(i)  within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or

(ii)  within five years after the day on which the individual is convicted of a criminal mischief offense.

(4)  An individual who is convicted of a domestic violence offense is guilty of a third degree felony if:

(a)  the domestic violence offense described in this Subsection (4) is designated by law as a class B misdemeanor offense against the person and the individual:

(i) 

(A)  commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; and

(B)  is convicted of another qualifying domestic violence offense that is not a criminal mischief offense after the day on which the individual is convicted of the qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4);

(ii) 

(A)  commits or is convicted of the domestic violence offense described in this Subsection (4) within five years after the day on which the individual is convicted of a criminal mischief offense; and

(B)  is convicted of another criminal mischief offense after the day on which the individual is convicted of the criminal mischief offense described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4); or

(iii)  commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense and within five years after the day on which the individual is convicted of a criminal mischief offense; and

(b) 

(i)  the domestic violence offense described in this Subsection (4) is designated by law as a class A misdemeanor; and

(ii)  the individual commits or is convicted of the domestic violence offense described in this Subsection (4):

(A)  within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or

(B)  within five years after the day on which the individual is convicted of a criminal mischief offense.

Amended by Chapter 111, 2023 General Session
Amended by Chapter 184, 2023 General Session