Utah Code § 76-5-103

Current through the 2024 Fourth Special Session

Section 76-5-103 - Aggravated assault - Penalties

(1)

(a) As used in this section, "targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits aggravated assault if:

(a)

(i) the actor attempts, with unlawful force or violence, to do bodily injury to another;

(ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) the actor's conduct described in Subsection (2)(a) includes:

(i) the use of:

(A) a dangerous weapon; or

(B) a motor vehicle;

(ii) any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence by:

(A) applying pressure to the neck or throat of an individual; or

(B) obstructing the nose, mouth, or airway of an individual; or

(iii) other means or force likely to produce death or serious bodily injury.

(3)

(a) A violation of Subsection (2) is a third degree felony.

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:

(i) the act results in serious bodily injury; or

(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.

(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.

Utah Code § 76-5-103

Amended by Chapter 319, 2024 General Session ,§ 11, eff. 7/1/2024.

Amended by Chapter 122, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 181, 2022 General Session ,§ 28, eff. 5/4/2022.

Amended by Chapter 454, 2017 General Session ,§ 1, eff. 5/9/2017.

Amended by Chapter 388, 2017 General Session ,§ 1, eff. 5/9/2017.

Amended by Chapter 430, 2015 General Session ,§ 2, eff. 5/12/2015.

Amended by Chapter 193, 2010 General Session