Utah Code 76-10-509.4. Possession of a dangerous weapon by a minor — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section, “responsible adult” means an individual:
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 A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-10-509.4
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Dangerous weapon: means :(6)(a)(i) a firearm; or(6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501
- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Fully automatic weapon: means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger. See Utah Code 76-10-501
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Handgun: means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. See Utah Code 76-10-501
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- short barreled rifle: means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches. See Utah Code 76-10-501
- Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
(1)(a) who is 18 years old or older; and(1)(b) who may lawfully possess a dangerous weapon.(2) An actor who is under 18 years old may not possess a dangerous weapon.(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is:(3)(a)(i) a class B misdemeanor for a first offense; and(3)(a)(ii) a class A misdemeanor for each subsequent offense.(3)(b) A violation of Subsection (2) is a third degree felony if the dangerous weapon is:(3)(b)(i) a handgun;(3)(b)(ii) a short barreled rifle;(3)(b)(iii) a short barreled shotgun;(3)(b)(iv) a fully automatic weapon; or(3)(b)(v) a machinegun firearm attachment.(4) For an actor who is younger than 14 years old, this section does not apply if the actor:(4)(a) possesses a dangerous weapon;(4)(b) has permission from the actor’s parent or guardian to possess the dangerous weapon;(4)(c) is accompanied by the actor’s parent or guardian, or a responsible adult, while the actor has the dangerous weapon in the actor’s possession; and(4)(d) does not use the dangerous weapon in the commission of a crime.(5) For an actor who is 14 years old or older but younger than 18 years old, this section does not apply if the actor:(5)(a) possesses a dangerous weapon;(5)(b) has permission from the actor’s parent or guardian to possess the dangerous weapon; and(5)(c) does not use the dangerous weapon in the commission of a crime.