Utah Code 53B-28-304. Criminal retaliation against a victim or a witness
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 53B-28-304
- Allegation: something that someone says happened.
- Covered allegation: means an allegation made to an institution that an individual committed an act of sexual violence. See Utah Code 53B-28-301
- institution: means a public or private postsecondary institution that is located in Utah, including an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-28-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Sexual violence: means :(5)(a) sexual abuse as described in Utah Code 53B-28-301
- Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301
(1)(a) “Bodily injury” means the same as that term is defined in Section 76-1-101.5.(1)(b) “Damage” means physical damage to an individual’s property.
(2) An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage:
(2)(a) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
(2)(b) in retaliation for the victim’s or the witness’s:
(2)(b)(i) report of the covered allegation; or
(2)(b)(ii) involvement in an investigation initiated by the institution in response to the covered allegation.
(3) An individual is guilty of a third degree felony if the individual:
(3)(a) communicates an intention to inflict bodily injury:
(3)(a)(i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
(3)(a)(ii) in retaliation for the victim’s or the witness’s:
(3)(a)(ii)(A) report of the covered allegation; or
(3)(a)(ii)(B) involvement in an investigation initiated by the institution in response to the covered allegation; and
(3)(b)
(3)(b)(i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or
(3)(b)(ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.