Section 508.1 – Felony discharge of a firearm — Penalties.

• (1) Except as provided under Subsection (2) or (3), an individual who discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:
  • (a) the actor discharges a firearm in the direction of one or more individuals, knowing or having reason to believe that any individual may be endangered by the discharge of the firearm;
  • (b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any individual or habitable structure; or
  • (c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.

• (2) A violation of Subsection (1) that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years.

• (3) A violation of Subsection (1) that causes serious bodily injury to any individual is a first degree felony.

• (4) In addition to any other penalties for a violation of this section, the court shall:
  • (a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and
  • (b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).

• (5) This section does not apply to an individual:
  • (a) who discharges a firearm when that individual is in lawful defense of self or others;
  • (b) who is performing official duties as provided in Section 23-20-1.5 or Subsections 76-10-523(1)(a) through (f) or as otherwise authorized by law; or
  • (c) who discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
    • (i) the discharge occurs at a firing range or training ground;
    • (ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i);
    • (iii) the discharge is made as practice or training for a lawful purpose;
    • (iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and
    • (v) the discharge is not made in violation of Subsection (1).

Amended by Chapter 39, 2019 General Session