Section 203.11 – Reporting an overdose — Mitigating factor.
Effective 5/12/2020 76-3-203.11. Reporting an overdose — Mitigating factor. It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah Controlled Substances Act, that the person or bystander: (1) reasonably believes that the person or another person is experiencing an overdose event due to the ingestion, injection, inhalation, or other […]
Section 105 – Infractions.
76-3-105. Infractions. (1) Infractions are not classified. (2) Any offense which is an infraction within this code is expressly designated and any offense defined outside this code which is not designated as a felony or misdemeanor and for which no penalty is specified is an infraction. Enacted by Chapter 196, 1973 General Session
Section 201 – Sentences or combination of sentences allowed — Restitution and other costs — Civil penalties.
Effective 9/1/2021 76-3-201. Sentences or combination of sentences allowed — Restitution and other costs — Civil penalties. (1) As used in this section: (a) (i) “Convicted” means: (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental illness; or (B) having received a judgment of […]
Section 202 – Paroled individuals — Termination or discharge from sentence — Time served on parole — Discretion of Board of Pardons and Parole.
Effective 5/4/2022 76-3-202. Paroled individuals — Termination or discharge from sentence — Time served on parole — Discretion of Board of Pardons and Parole. (1) Every individual committed to the state prison to serve an indeterminate term and, after December 31, 2018, released on parole shall complete a term of parole that extends through the […]
Section 203 – Felony conviction — Indeterminate term of imprisonment.
76-3-203. Felony conviction — Indeterminate term of imprisonment. A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which […]
Section 203.1 – Offenses committed in concert with three or more persons or in relation to a criminal street gang — Notice — Enhanced penalties.
Effective 5/4/2022 76-3-203.1. Offenses committed in concert with three or more persons or in relation to a criminal street gang — Notice — Enhanced penalties. (1) As used in this section: (a) “Criminal street gang” means the same as that term is defined in Section 76-9-802. (b) “In concert with three or more persons” means: […]
Section 203.2 – Definitions — Use of dangerous weapon in offenses committed on or about school premises — Enhanced penalties.
Effective 5/4/2022 76-3-203.2. Definitions — Use of dangerous weapon in offenses committed on or about school premises — Enhanced penalties. (1) (a) As used in this section “on or about school premises” means: (i) (A) in a public or private elementary or secondary school; or (B) on the grounds of any of those schools; (ii) […]
Section 203.3 – Penalty for hate crimes — Civil rights violation.
Effective 5/12/2020 76-3-203.3. Penalty for hate crimes — Civil rights violation. As used in this section: (1) “Primary offense” means those offenses provided in Subsection (4). (2) (a) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or […]
Section 203.4 – Hate crimes — Aggravating factors.
76-3-203.4. Hate crimes — Aggravating factors. (1) The sentencing judge or the Board of Pardons and Parole shall consider in their deliberations as an aggravating factor the public harm resulting from the commission of the offense, including the degree to which the offense is likely to incite community unrest or cause members of the community […]
Section 203.5 – Habitual violent offender — Definition — Procedure — Penalty.
Effective 5/4/2022 76-3-203.5. Habitual violent offender — Definition — Procedure — Penalty. (1) As used in this section: (a) “Felony” means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be […]