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 […]
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 […]
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 […]
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: […]
Effective 5/4/2022 76-3-203.10. Violent offense committed in presence of a child — Penalties. (1) As used in this section: (a) “In the presence of a child” means: (i) in the physical presence of a child younger than 14 years old; and (ii) having knowledge that the child is present and may see or hear the […]
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 […]
Effective 5/9/2017 76-3-203.12. Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C. (1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual Offenses, is subject to an enhanced penalty if at the time of the sexual offense the […]
Effective 5/4/2022 76-3-203.13. Enhanced penalty for unlawful sexual contact with a student. (1) A person convicted of a sexual offense described in Section 76-5-401.1 or 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor: (a) was 18 years old or older; (b) held […]
Effective 5/14/2019 76-3-203.14. Victim targeting penalty enhancement — Penalties. (1) As used in this section “personal attribute” means: (a) age; (b) ancestry; (c) disability; (d) ethnicity; (e) familial status; (f) gender identity; (g) homelessness; (h) marital status; (i) matriculation; (j) national origin; (k) political expression; (l) race; (m) religion; (n) sex; (o) sexual orientation; (p) […]
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) […]
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 […]
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 […]
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 […]
Effective 5/4/2022 76-3-203.6. Enhanced penalty for certain offenses committed by prisoner. (1) As used in this section, “serving a sentence” means a prisoner is sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner: (a) has not been paroled; or (b) is in […]
Effective 5/4/2022 76-3-203.7. Increase of sentence for violent felony if body armor used. (1) As used in this section: (a) “Body armor” means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon. (b) “Dangerous weapon” means the same as that term is defined in […]
Effective 5/4/2022 76-3-203.8. Increase of sentence if dangerous weapon used. (1) As used in this section, “dangerous weapon” means the same as that term is defined in Section 76-1-101.5. (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the […]
76-3-203.9. Violent offense committed in presence of a child — Aggravating factor. (1) As used in this section: (a) “In the presence of a child” means: (i) in the physical presence of a child younger than 14 years of age; or (ii) having knowledge that a child younger than 14 years of age is present […]
Effective 5/14/2019 76-3-204. Misdemeanor conviction — Term of imprisonment. A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows: (1) In the case of a class A misdemeanor, for a term not exceeding 364 days. (2) In the case of a class B misdemeanor, for a term not exceeding […]
Effective 5/8/2018 76-3-205. Infraction conviction — Fine, forfeiture, and disqualification. (1) A person convicted of an infraction may not be imprisoned but may be subject to: (a) a fine, which may include compensatory service as a method to satisfy the fine; (b) forfeiture; (c) disqualification; or (d) any combination of the above. (2) Compensatory service […]
Effective 5/10/2016 76-3-206. Capital felony — Penalties. (1) A person who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207. (2) (a) If the person described in Subsection (1) was 18 years of age or older at the time the offense was […]
