(1) As used in this section:

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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.