Utah Code 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses
Current as of: 2024 | Check for updates
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(1) As used in this section:
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 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 77-36-1.1
- Cohabitant: means the same as that term is defined in Section
78B-7-102 . See Utah Code 77-36-1 - Conviction: A judgement of guilt against a criminal defendant.
- domestic violence offense: includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:(4)(b)(i) aggravated assault under Section
76-5-103 ;(4)(b)(ii) aggravated cruelty to an animal under Subsection76-9-301 (4), with the intent to harass or threaten the other cohabitant;(4)(b)(iii) assault under Section76-5-102 ;(4)(b)(iv) criminal homicide under Section76-5-201 ;(4)(b)(v) harassment under Section76-5-106 ;(4)(b)(vi) electronic communication harassment under Section76-9-201 ;(4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections76-5-301 ,Utah Code 77-36-1 - Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Verdict: The decision of a petit jury or a judge.
(1)(a)(1)(a)(i) “Convicted” means a conviction by plea or verdict of a crime or offense.(1)(a)(ii) “Convicted” includes:(1)(a)(ii)(A) a plea of guilty or guilty with a mental condition;(1)(a)(ii)(B) a plea of no contest; and(1)(a)(ii)(C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.(1)(a)(iii) “Convicted” does not include an adjudication in juvenile court.(1)(b) “Offense against the person” means commission or attempt to commit an offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital Mutilation, by one cohabitant against another.(1)(c) “Property damage offense” means the commission or attempt to commit an offense under Section76-6-106 or76-6-106.1 by one cohabitant against another.(1)(d) “Qualifying domestic violence offense” means:(1)(d)(i) a domestic violence offense in Utah; or(1)(d)(ii) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.(2) An individual who is convicted of a domestic violence offense is guilty of a class B misdemeanor if:(2)(a) the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and(2)(b) the individual commits or is convicted of the domestic violence offense described in this Subsection (2):(2)(b)(i) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or(2)(b)(ii) within five years after the day on which the individual is convicted of a property damage offense.(3) An individual who is convicted of a domestic violence offense is guilty of a class A misdemeanor if:(3)(a) the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and(3)(b) the individual commits or is convicted of the domestic violence offense described in this Subsection (3):(3)(b)(i) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or(3)(b)(ii) within five years after the day on which the individual is convicted of a property damage offense.(4) An individual who is convicted of a domestic violence offense is guilty of a third degree felony if:(4)(a) the domestic violence offense described in this Subsection (4) is designated by law as a class B misdemeanor offense against the person and the individual:(4)(a)(i)(4)(a)(i)(A) commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; and(4)(a)(i)(B) is convicted of another qualifying domestic violence offense that is not a property damage offense after the day on which the individual is convicted of the qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4);(4)(a)(ii)(4)(a)(ii)(A) commits or is convicted of the domestic violence offense described in this Subsection (4) within five years after the day on which the individual is convicted of a property damage offense; and(4)(a)(ii)(B) is convicted of another property damage offense after the day on which the individual is convicted of the property damage offense described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4); or(4)(a)(iii) commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense and within five years after the day on which the individual is convicted of a property damage offense; and(4)(b)(4)(b)(i) the domestic violence offense described in this Subsection (4) is designated by law as a class A misdemeanor; and(4)(b)(ii) the individual commits or is convicted of the domestic violence offense described in this Subsection (4):(4)(b)(ii)(A) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or(4)(b)(ii)(B) within five years after the day on which the individual is convicted of a property damage offense. - Person: means :