Section 203.9 – Violent offense committed in presence of a child — Aggravating factor.
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 […]
Section 203.10 – Violent offense committed in presence of a child — Penalties.
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 […]
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 203.12 – Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.
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 […]
Section 203.13 – Enhanced penalty for unlawful sexual contact with a student.
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 […]
Section 203.14 – Victim targeting penalty enhancement — Penalties.
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) […]
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) […]