Section 304 – Criminal retaliation against a victim or a witness.

• (1) As used in this section:
  • (a) “Bodily injury” means the same as that term is defined in Section 76-1-101.5.
  • (b) “Damage” means physical damage to an individual’s property.

• (2) An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage:
  • (a) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
  • (b) in retaliation for the victim’s or the witness’s:
    • (i) report of the covered allegation; or
    • (ii) involvement in an investigation initiated by the institution in response to the covered allegation.

• (3) An individual is guilty of a third degree felony if the individual:
  • (a) communicates an intention to inflict bodily injury:
    • (i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
    • (ii) in retaliation for the victim’s or the witness’s:
      • (A) report of the covered allegation; or
      • (B) involvement in an investigation initiated by the institution in response to the covered allegation; and
  • (b)
    • (i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or
    • (ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.

Amended by Chapter 430, 2022 General Session