Utah Code 76-3-203.7. Increase of sentence for violent felony if body armor used
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-203
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-3-203.7
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grievous sexual offense: means :
(8)(a) rape, Section 76-5-402;(8)(b) rape of a child, Section Utah Code 76-1-101.5- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(1)(a) “Body armor” means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon.(1)(b) “Dangerous weapon” means the same as that term is defined in Section 76-1-101.5.(1)(c) “Violent felony” means the same as that term is defined in Section 76-3-203.5.(2) A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:(2)(a) a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life;(2)(b) a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and(2)(c) a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years.(3) The sentencing enhancement described in this section does not apply if:(3)(a) the offense for which the person is being sentenced is:(3)(a)(i) a grievous sexual offense;(3)(a)(ii) child kidnapping, Section 76-5-301.1;(3)(a)(iii) aggravated kidnapping, Section 76-5-302; or(3)(a)(iv) forcible sexual abuse, Section 76-5-404; and(3)(b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.