Utah Code 76-5-103. Aggravated assault — Penalties
Current as of: 2024 | Check for updates
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Other versions
(1)
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 76-5-103
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. 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
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
(1)(a) As used in this section, “targeting a law enforcement officer” means the same as that term is defined in Section76-5-202 .(1)(b) Terms defined in Section76-1-101.5 apply to this section.(2) An actor commits aggravated assault if:(2)(a)(2)(a)(i) the actor attempts, with unlawful force or violence, to do bodily injury to another;(2)(a)(ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or(2)(a)(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(2)(b) the actor’s conduct described in Subsection (2)(a) includes:(2)(b)(i) the use of:(2)(b)(i)(A) a dangerous weapon; or(2)(b)(i)(B) a motor vehicle;(2)(b)(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:(2)(b)(ii)(A) applying pressure to the neck or throat of an individual; or(2)(b)(ii)(B) obstructing the nose, mouth, or airway of an individual; or(2)(b)(iii) other means or force likely to produce death or serious bodily injury.(3)(3)(a) A violation of Subsection (2) is a third degree felony.(3)(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:(3)(b)(i) the act results in serious bodily injury; or(3)(b)(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.(3)(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.