Sentencing

Utah Code tit. 76, ch. 76-3, pt. 76-3-P2

in effect

Utah Code § 76-3-201 Sentences or combination of sentences allowed -- Restitution and other costs -- Civil penalties.

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 condition; or (B) having received a judgment of guilty or a judgment of guilty with a mental condition. (ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701. (b) "Restitution" means the same as that term is defined in Section 77-38b-102. (2) (a) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences: (i) to pay a fine; (ii) to removal or disqualification from public or private office; (iii) except as otherwise provided by law, to probation in accordance with Section 77-18-105; (iv) in accordance with Subsection 77-18-111(4), to imprisonment; (v) on or after April 27, 1992, to life in prison without parole; or (vi) to death. (b) In determining the appropriate sentence for an individual convicted of an offense, the court shall consider: (i) the nature and circumstances of the offense, including the nature and gravity of the harm caused by the individual's criminal conduct; (ii) the history and characteristics of the individual, including the acceptance or lack of acceptance of accountability by the individual; (iii) whether the sentence to be imposed: (A) reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense; (B) affords adequate deterrence of criminal conduct; (C) protects the public from future offenses by the individual; and (D) provides for the rehabilitative needs of the individual; (iv) the adult sentencing and supervision length guidelines as defined in Section 75E-4-101; (v) the presentence investigation report described in Section 77-18-103 if a presentence investigation report has been prepared for the individual; (vi) any aggravating factor that the court may, or is required to, consider by law for the offense; (vii) any aggravating or mitigating circumstances; and (viii) the desires and interests of any victim of the offense. (c) In determining the appropriate sentence for an individual convicted of a violent felony, as defined in Section 76-3-203.5, or a sexual offense, as defined in Section 76-3-407, the sentencing court shall prioritize the factors described in Subsections (2)(b)(i), (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the defendant. (3) (a) This chapter does not deprive a court of authority conferred by law: (i) to forfeit property; (ii) to dissolve a corporation; (iii) to suspend or cancel a license; (iv) to permit removal of an individual from office; (v) to cite for contempt; or (vi) to impose any other civil penalty. (b) A court may include a civil penalty in a sentence. (4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to: (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act; (b) subject to Section 77-32b-104, pay the cost expended by an appropriate governmental entity under Section 77-30-24 for the extradition of the individual if the individual: (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve pending criminal charges; and (ii) is convicted of an offense in the county for which the individual is returned; (c) subject to Subsection (5) and Subsections 77-32b-104(2), (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section 17-63-706, that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if: (i) the individual is convicted of an offense that results in incarceration in the county correctional facility; and (ii) (A) the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and (d) pay any other cost that the court determines is appropriate under Section 77-32b-104. (5) The cost of medical care under Subsection (4)(c) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. Secs. 12101 through 12213, including medical and mental health treatment for the inmate's disability. Amended by Chapter 350, 2026 General Session

Utah Code § 76-3-202 Paroled individuals -- Termination or discharge from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole.

76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole. (1) As described in Subsection 77-27-5(7), 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 expiration of the individual's maximum sentence unless the parole is earlier terminated by the Board of Pardons and Parole in accordance with the adult sentencing and supervision length guidelines, as defined in Section 75E-4-101, to the extent the guidelines are consistent with the requirements of the law. (2) (a) Except as provided in Subsection (2)(b), an individual committed to the state prison to serve an indeterminate term and released on parole on or after October 1, 2015, but before January 1, 2019, shall, upon completion of three years on parole outside of confinement and without violation, be terminated from the individual's sentence unless the parole is earlier terminated by the Board of Pardons and Parole or is terminated in accordance with Section 64-14-204. (b) An individual committed to the state prison to serve an indeterminate term and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was convicted of a felony offense under Chapter 5, Offenses Against the Individual, or an attempt, conspiracy, or solicitation to commit the offense, shall complete a term of parole that extends through the expiration of the individual's maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole. (3) An individual convicted of a second degree felony for violating Section 76-5-404, forcible sexual abuse; Section 76-5-404.1, sexual abuse of a child; or Section 76-5-404.3, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the commission of a violation of any of those sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without violation, be terminated from the sentence unless the individual is earlier terminated by the Board of Pardons and Parole. (4) An individual who violates the terms of parole, while serving parole, for any offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of the term as determined by the Board of Pardons and Parole, but not to exceed the maximum term. (5) An individual paroled following a former parole revocation may not be discharged from the individual's sentence until: (a) the individual has served the applicable period of parole under this section outside of confinement; (b) the individual's maximum sentence has expired; or (c) the Board of Pardons and Parole orders the individual to be discharged from the sentence. (6) (a) All time served on parole, outside of confinement and without violation, constitutes service toward the total sentence. (b) Any time an individual spends outside of confinement after commission of a parole violation does not constitute service toward the total sentence unless the individual is exonerated at a parole revocation hearing. (c) (i) Any time an individual spends in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service toward the total sentence. (ii) In the case of exoneration by the board, the time spent is included in computing the total parole term. (7) When a parolee causes the parolee's absence from the state without authority from the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period. (8) (a) While on parole, time spent in confinement outside the state may not be credited toward the service of any Utah sentence. (b) Time in confinement outside the state or in the custody of any tribal authority or the United States government for a conviction obtained in another jurisdiction tolls the expiration of the Utah sentence. (9) This section does not preclude the Board of Pardons and Parole from paroling or discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless otherwise specifically provided by law. (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and Parole for termination of lifetime parole. Amended by Chapter 291, 2026 General Session

Utah Code § 76-3-203 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 may be for life. (2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years. (3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years. Amended by Chapter 148, 2003 General Session

Utah Code § 76-3-203.1 Enhanced penalty for offenses committed in or for a certain group.

76-3-203.1. Enhanced penalty for offenses committed in or for a certain group. (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 two or more individuals" means: (i) the actor was aided or encouraged by at least two other individuals in committing an offense and was aware of this aid or encouragement; and (ii) each of the other individuals: (A) was physically present; and (B) participated as a party to an offense listed in Subsection (6) or (7). (c) "In concert with two or more individuals" means, regarding intent: (i) any other individual participating as a party need not have the intent to engage in the same offense or degree of offense as the actor; and (ii) a minor is a party if the minor's actions would cause the minor to be a party if the minor were an adult. (d) "Organized criminal group" means a group of three or more individuals, whether operating formally or informally, that: (i) has as one of the group's purposes the commission of criminal offenses; and (ii) whose members collectively engage in committing criminal offenses for the financial or other material benefit of the members or group. (e) "Principal place of residence" means the single location where an individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning, as evidenced by: (i) the intent expressed by the individual; and (ii) acts of the individual that are consistent or inconsistent with the intent expressed by the individual. (2) An actor who commits an offense listed in Subsection (6) is subject to an enhanced penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a reasonable doubt that the actor acted: (a) in concert with two or more individuals; (b) for the benefit of, at the direction of, or in association with a criminal street gang or other organized criminal group; or (c) to gain recognition, acceptance, membership, or increased status with a criminal street gang or other organized criminal group. (3) An actor who commits an offense listed in Subsection (7) is subject to an enhanced penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a reasonable doubt that the actor: (a) (i) acted in concert with two or more individuals; and (ii) (A) traveled more than 50 miles from the actor's principal place of residence for the purpose of the actor committing an offense listed in Subsection (7); or (B) had previously been convicted of an offense listed in Subsection (7), or an offense in another jurisdiction, including a state, federal, or military court, that is substantially equivalent to an offense under Subsection (7); (b) acted for the benefit of, at the direction of, or in association with a criminal street gang or other organized criminal group; or (c) acted to gain recognition, acceptance, membership, or increased status with a criminal street gang or other organized criminal group. (4) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the actor is subject to the enhanced penalties provided under this section. (5) For an offense listed in Subsection (6) or (7), an actor may be charged as follows: (a) for a class B misdemeanor, as a class A misdemeanor; (b) for a class A misdemeanor, as a third degree felony; (c) for a third degree felony, as a second degree felony; and (d) for a second degree felony, as a first degree felony. (6) The offenses referred to in Subsection (2) are: (a) an offense described in Chapter 5, Part 1, Assault and Related Offenses; (b) an offense described in Chapter 5, Part 2, Criminal Homicide; (c) a felony offense described in Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling; (d) a felony offense described in Chapter 5, Part 4, Sexual Offenses, other than enticing a minor under Section 76-5-417, lewdness under Section 76-5-419, or lewdness involving a child under Section 76-5-420; (e) a felony violation of aiding prostitution as described in Section 76-5d-206; (f) exploiting prostitution as described in Section 76-5d-207; (g) aggravated exploitation of prostitution under Section 76-5d-208; (h) robbery as described in Section 76-6-202; (i) burglary as described in Subsection 76-6-202(3)(b); (j) aggravated burglary as described in Section 76-6-203; (k) burglary of a research facility as described in Section 76-6-207; (l) aggravated robbery as described in Section 76-6-302; (m) an offense described in Chapter 11, Weapons; and (n) transporting or harboring aliens as described in Section 76-14-209. (7) The offenses referred to in Subsection (3) are: (a) criminal solicitation of a minor as described in Section 76-4-205; (b) an offense described in Chapter 6, Part 1, Property Destruction; (c) an offense described in Chapter 6, Part 4, Theft; (d) an offense described in Chapter 6, Part 6, Retail Theft; (e) an offense described in Chapter 6, Part 11, Identity Fraud Act; (f) communications fraud as described in Section 76-6-525; and (g) an offense described in Chapter 9, Part 16, Money Laundering and Currency Transaction Reporting Act. (8) A court may, if not otherwise prohibited from doing so by another section of the code, suspend a sentence imposed under this section and place the actor on probation. (9) It is not a bar to imposing the enhanced penalties under this section that the individuals with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those individuals are charged with or convicted of a different or lesser offense. Amended by Chapter 173, 2025 General Session Amended by Chapter 174, 2025 General Session Amended by Chapter 178, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 76-3-203.2 Definitions -- Use of dangerous weapon in offenses committed on or about school premises -- Enhanced penalties.

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) (A) in a public or private institution of higher education; or (B) on the grounds of a public or private institution of higher education; (iii) within 1,000 feet of any school, institution, or grounds included in Subsections (1)(a)(i) and (ii); and (iv) in or on the grounds of a preschool or child care facility. (b) As used in this section: (i) "Dangerous weapon" means the same as that term is defined in Section 76-1-101.5. (ii) "Educator" means a person who is: (A) employed by a public school district; and (B) required to hold a certificate issued by the State Board of Education or, for an audiologist or a speech language pathologist, an individual who an LEA employs and holds a credential from the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech-Language Pathology and Audiology Certification Act, in order to perform duties of employment. (iii) "Within the course of employment" means that an educator is providing services or engaging in conduct required by the educator's employer to perform the duties of employment. (2) A person who, on or about school premises, commits an offense and uses or threatens to use a dangerous weapon, as defined in Section 76-1-101.5, in the commission of the offense is subject to an enhanced degree of offense as provided in Subsection (4). (3) (a) A person who commits an offense against an educator when the educator is acting within the course of employment is subject to an enhanced degree of offense as provided in Subsection (4). (b) As used in Subsection (3)(a), "offense" means: (i) an offense under Chapter 5, Offenses Against the Individual; and (ii) an offense under Chapter 6, Part 3, Robbery. (4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or about school premises, commits an offense and in the commission of the offense uses or threatens to use a dangerous weapon, or that the defendant committed an offense against an educator when the educator was acting within the course of the educator's employment, the enhanced penalty for a: (a) class B misdemeanor is a class A misdemeanor; (b) class A misdemeanor is a third degree felony; (c) third degree felony is a second degree felony; or (d) second degree felony is a first degree felony. (5) The enhanced penalty for a first degree felony offense of a convicted person: (a) is imprisonment for a term of not less than five years and which may be for life, and imposition or execution of the sentence may not be suspended unless the court finds that the interests of justice would be best served and states the specific circumstances justifying the disposition on the record; and (b) is subject also to the dangerous weapon enhancement provided in Section 76-3-203.8, except for an offense committed under Subsection (3) that does not involve a firearm. (6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the defendant is subject to the enhanced degree of offense or penalty under Subsection (4) or (5). (7) In cases where an offense is enhanced under Subsection (4), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not involve a firearm, the convicted person is not subject to the dangerous weapon enhancement in Section 76-3-203.8. (8) The sentencing enhancement described in this section does not apply if: (a) the offense for which the person is being sentenced is: (i) a grievous sexual offense; (ii) child kidnapping under Section 76-5-301.1; (iii) aggravated kidnapping under Section 76-5-302; or (iv) forcible sexual abuse under Section 76-5-404; and (b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced. Amended by Chapter 140, 2026 General Session

Utah Code § 76-3-203.3 Penalty for hate crimes -- Civil rights violation.

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 terrorize that person is subject to Subsection (2)(b). (b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and (ii) a class B misdemeanor primary offense is a class A misdemeanor. (3) "Intimidate or terrorize" means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States. (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for: (a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-102.10, 76-5-106, 76-5-107, and 76-5-108; (b) any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(a); (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206; (d) any misdemeanor theft offense under Chapter 6, Offenses Against Property; (e) any offense of obstructing government operations under Sections 76-8-301, 76-8-301.2, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, 76-8-309.2, and 76-8-313; (f) any offense of interfering or intending to interfere with activities of colleges and universities under Chapter 8, Part 7, Colleges and Universities; (g) any misdemeanor offense against public order and decency as defined in Chapter 9, Part 1, Breaches of the Peace and Related Offenses, other than Section 76-9-105.5, 76-9-105.6, 76-9-110, 76-9-111, 76-9-112, 76-9-113, or 76-9-114; (h) any telephone abuse offense under Sections 76-12-202, 76-12-203, 76-12-204, and 76-12-206; (i) any cruelty to animals offense under Sections 76-13-202, 76-13-203, and 76-13-204; (j) any weapons offense under Section 76-11-207; or (k) a violation of Section 76-9-102, if the violation occurs at an official meeting. (5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States. Amended by Chapter 246, 2026 General Session

Utah Code § 76-3-203.4 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 to reasonably fear for their physical safety or to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States. (2) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law. (3) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States. Enacted by Chapter 184, 2006 General Session

Utah Code § 76-3-203.5 Habitual violent offender -- Definition -- Procedure -- Penalty.

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 subjected to exceeds one year in prison. (b) "Habitual violent offender" means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation. (c) "Violent felony" means: (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit any of the following offenses punishable as a felony: (A) arson as described in Section 76-6-102; (B) causing a catastrophe as described in Subsection 76-6-105(3)(a) or (3)(b); (C) criminal mischief as described in Section 76-6-106; (D) aggravated arson as described in Section 76-6-103; (E) assault by prisoner as described in Section 76-5-102.5; (F) disarming a police officer as described in Section 76-5-102.8; (G) aggravated assault as described in Section 76-5-103; (H) aggravated assault by prisoner as described in Section 76-5-103.5; (I) mayhem as described in Section 76-5-105; (J) stalking as described in Subsection 76-5-106.5(2); (K) threat of terrorism as described in Section 76-5-107.3; (L) aggravated child abuse as described in Subsection 76-5-109.2(3)(a) or (b); (M) child torture as described in Section 76-5-109.4; (N) commission of domestic violence in the presence of a child as described in Section 76-5-114; (O) abuse or neglect of a child with a disability as described in Section 76-5-110; (P) abuse or exploitation of a vulnerable adult as described in Section 76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4; (Q) endangerment of a child or vulnerable adult as described in Section 76-5-112.5; (R) an offense described in Chapter 5, Part 2, Criminal Homicide; (S) kidnapping as described in Section 76-5-301; (T) child kidnapping as described in Section 76-5-301.1; (U) aggravated kidnapping as described in Section 76-5-302; (V) rape as described in Section 76-5-402; (W) rape of a child as described in Section 76-5-402.1; (X) object rape as described in Section 76-5-402.2; (Y) object rape of a child as described in Section 76-5-402.3; (Z) forcible sodomy as described in Section 76-5-403; (AA) sodomy on a child as described in Section 76-5-403.1; (BB) forcible sexual abuse as described in Section 76-5-404; (CC) sexual abuse of a child as described in Section 76-5-404.1; (DD) aggravated sexual abuse of a child as described in Section 76-5-404.3; (EE) aggravated sexual assault as described in Section 76-5-405; (FF) sexual exploitation of a minor as described in Section 76-5b-201; (GG) aggravated sexual exploitation of a minor as described in Section 76-5b-201.1; (HH) sexual exploitation of a vulnerable adult as described in Section 76-5b-202; (II) possession of apparent child sexual abuse material as described in Section 76-5b-207; (JJ) distribution of apparent child sexual abuse material as described in Section 76-5b-208; (KK) unlawful activity regarding obscene material depicting the sexual abuse of a minor as described in Section 76-5b-209; (LL) aggravated exploitation of prostitution as described in Subsection 76-5d-208(2)(a); (MM) burglary as described in Subsection 76-6-202(3)(b); (NN) aggravated burglary as described in Section 76-6-203; (OO) robbery as described in Section 76-6-301; (PP) aggravated robbery as described in Section 76-6-302; (QQ) theft by extortion as described in Subsection 76-6-406(1)(a)(i) or (1)(a)(ii); (RR) tampering with a witness as described in Section 76-8-508; (SS) retaliation against a witness, victim, or informant as described in Section 76-8-508.3; (TT) tampering or retaliating against a juror as described in Subsection 76-8-508.5(2)(a)(iii); (UU) extortion to dismiss a criminal proceeding as described in Subsection 76-6-406(1)(a)(i), (ii), or (ix); (VV) bus hijacking as described in Section 76-9-1502; (WW) assault with intent to commit bus hijacking as described in Section 76-9-1503; (XX) purchase or possession of a dangerous weapon by a restricted person as described in Section 76-11-305 or 76-11-306; (YY) unlawful delivery of explosive, chemical, or incendiary devices as described in Section 76-15-209; (ZZ) unlawful conduct involving an explosive, chemical, or incendiary device as described in Section 76-15-210; (AAA) unlawful conduct involving an explosive, chemical, or incendiary part as described in Section 76-15-211; (BBB) unlawful discharge of a firearm or hurling of a missile into a bus or terminal as described in Section 76-9-1504; and (CCC) felony discharge of a firearm as described in Section 76-11-210. (ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violent felony as defined in this Subsection (1) if committed in this state. (2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender under this section, the penalty for a: (a) third degree felony is as if the conviction were for a first degree felony; (b) second degree felony is as if the conviction were for a first degree felony; or (c) first degree felony remains the penalty for a first degree penalty except: (i) the convicted person is not eligible for probation; and (ii) the Board of Pardons and Parole shall consider that the convicted person is a habitual violent offender as an aggravating factor in determining the length of incarceration. (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice in the information or indictment that the defendant is subject to punishment as a habitual violent offender under this section. Notice shall include the case number, court, and date of conviction or commitment of any case relied upon by the prosecution. (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant intends to deny that: (A) the defendant is the person who was convicted or committed; (B) the defendant was represented by counsel or had waived counsel; or (C) the defendant's plea was understandingly or voluntarily entered. (ii) The notice of denial shall be served not later than five days before trial and shall state in detail the defendant's contention regarding the previous conviction and commitment. (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge, of the: (i) defendant's previous convictions for violent felonies, except as otherwise provided in the Utah Rules of Evidence; or (ii) allegation against the defendant of being a habitual violent offender. (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of being an habitual violent offender by the same jury, if practicable, unless the defendant waives the jury, in which case the allegation shall be tried immediately to the court. (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section applies. (ii) The trier of fact shall consider any evidence presented at trial and the prosecution and the defendant shall be afforded an opportunity to present any necessary additional evidence. (iii) Before sentencing under this section, the trier of fact shall determine whether this section is applicable beyond a reasonable doubt. (d) If any previous conviction and commitment is based upon a plea of guilty or no contest, there is a rebuttable presumption that the conviction and commitment were regular and lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the conviction and commitment occurred before January 1, 1970, the burden is on the prosecution to establish by a preponderance of the evidence that the defendant was then represented by counsel or had lawfully waived the right to have counsel present, and that the defendant's plea was understandingly and voluntarily entered. (e) If the trier of fact finds this section applicable, the court shall enter that specific finding on the record and shall indicate in the order of judgment and commitment that the defendant has been found by the trier of fact to be a habitual violent offender and is sentenced under this section. (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the provisions of this section. (b) (i) Notwithstanding Subsection (5)(a) and except as provided in Subsection (5)(b)(ii), the "violent felony" offense defined in Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender. (ii) The "violent felony" offense defined in Subsection (1)(c) does not include any felony sexual offense violation of: (A) enticing a minor, Section 76-5-417; (B) lewdness, Section 76-5-419; or (C) lewdness involving a child, Section 76-5-420. (6) The sentencing enhancement described in this section does not apply if: (a) the offense for which the person is being sentenced is: (i) a grievous sexual offense; (ii) child kidnapping, Section 76-5-301.1; (iii) aggravated kidnapping, Section 76-5-302; or (iv) forcible sexual abuse, Section 76-5-404; and (b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced. Amended by Chapter 358, 2026 General Session

Utah Code § 76-3-203.6 Enhanced penalty for certain offenses committed by prisoner.

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 custody after arrest for a parole violation. (2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence for a capital felony or a first degree felony commits any offense listed in Subsection (5), the offense is a first degree felony and the court shall sentence the defendant to life in prison without parole. (3) Notwithstanding Subsection (2), the court may sentence the defendant to an indeterminate prison term of not less than 20 years and that may be for life if the court finds that the interests of justice would best be served and states the specific circumstances justifying the disposition on the record. (4) Subsection (2) does not apply if the prisoner is younger than 18 years old at the time the offense listed in Subsection (5) is committed and is sentenced on or after May 10, 2016. (5) Offenses referred to in Subsection (2) are: (a) aggravated assault by a prisoner, Section 76-5-103.5; (b) mayhem, Section 76-5-105; (c) attempted murder, Section 76-5-203; (d) kidnapping, Section 76-5-301; (e) child kidnapping, Section 76-5-301.1; (f) aggravated kidnapping, Section 76-5-302; (g) rape, Section 76-5-402; (h) rape of a child, Section 76-5-402.1; (i) object rape, Section 76-5-402.2; (j) object rape of a child, Section 76-5-402.3; (k) forcible sodomy, Section 76-5-403; (l) sodomy on a child, Section 76-5-403.1; (m) aggravated sexual abuse of a child, Section 76-5-404.3; (n) aggravated sexual assault, Section 76-5-405; (o) aggravated arson, Section 76-6-103; (p) aggravated burglary, Section 76-6-203; and (q) aggravated robbery, Section 76-6-302. (6) The sentencing enhancement described in this section does not apply if: (a) the offense for which the person is being sentenced is: (i) a grievous sexual offense; (ii) child kidnapping, Section 76-5-301.1; or (iii) aggravated kidnapping, Section 76-5-302; and (b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced. Amended by Chapter 181, 2022 General Session

Utah Code § 76-3-203.7 Increase of sentence for violent felony if body armor used.

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 Section 76-1-101.5. (c) "Violent felony" means the same as that term is defined in Section 76-3-203.5. (2) A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is: (a) a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life; (b) a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and (c) a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years. (3) The sentencing enhancement described in this section does not apply if: (a) the offense for which the person is being sentenced is: (i) a grievous sexual offense; (ii) child kidnapping, Section 76-5-301.1; (iii) aggravated kidnapping, Section 76-5-302; or (iv) forcible sexual abuse, Section 76-5-404; and (b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced. Amended by Chapter 181, 2022 General Session

Utah Code § 76-3-203.8 Increase of sentence if dangerous weapon used.

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 court: (a) (i) shall increase by one year the minimum term of the sentence applicable by law; and (ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and (b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree. (3) A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that: (a) a dangerous weapon was used in the commission or furtherance of the felony; and (b) the defendant knew that the dangerous weapon was present. (4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently. Amended by Chapter 181, 2022 General Session

Utah Code § 76-3-203.9 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 and may see or hear a violent criminal offense. (b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm. (2) The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child. (3) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law. (4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States. (5) This section does not affect or restrict the exercise of judicial discretion under any other provision of Utah law. Enacted by Chapter 347, 2007 General Session

Utah Code § 76-3-203.10 Violent offense committed in presence of a child -- Penalties.

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 commission of a violent criminal offense. (b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1. (2) A person commits a violent criminal offense in the presence of a child if the person: (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child; (b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child. (3) A person who violates Subsection (2) is guilty of a class B misdemeanor. Amended by Chapter 181, 2022 General Session

Utah Code § 76-3-203.11 Reporting an overdose -- Mitigating factor.

76-3-203.11. Reporting an overdose -- Mitigating factor. (1) As used in this section, "good faith" does not include seeking medical assistance under this section during the course of a law enforcement agency's execution of a search warrant, execution of an arrest warrant, or other lawful search. (2) It is a mitigating factor in sentencing for an offense under Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances, that the person or bystander: (a) reasonably believes that the person or another person is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance; (b) reports, or assists a person who reports, in good faith the overdose event to a medical provider, an emergency medical service provider as defined in Section 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the person is the subject of a report made under this section; (c) provides in the report under Subsection (2)(b) a functional description of the location of the actual overdose event that facilitates responding to the person experiencing the overdose event; (d) remains at the location of the person experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the person experiencing an overdose event is located until a responding law enforcement officer arrives; (e) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the person experiencing the overdose event and any substances the person may have injected, inhaled, or otherwise introduced into the person's body; and (f) committed the offense in the same course of events from which the reported overdose arose. Amended by Chapter 362, 2026 General Session

Utah Code § 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.

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) As used in this section: (a) "Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. (b) "Sexual offense" does not include: (i) enticing a minor, as described in Section 76-5-417; (ii) sexual battery, as described in Section 76-5-418; (iii) lewdness, as described in Section 76-5-419; or (iv) lewdness involving a child, as described in Section 76-5-420. (2) A person convicted of a sexual offense is subject to an enhanced penalty if at the time of the sexual offense the person was infected with human immunodeficiency virus, acquired immunodeficiency virus, hepatitis B, or hepatitis C and the person knew of the infection. (3) (a) Except as provided in Subsection (3)(b), the enhancement of a penalty described in Subsection (2) shall be an enhancement of one classification higher than the root offense for which the person was convicted. (b) A felony of the first degree is not enhanced under this section. Amended by Chapter 173, 2025 General Session

Utah Code § 76-3-203.13 Enhanced penalty for unlawful sexual contact with a student.

76-3-203.13. Enhanced penalty for unlawful sexual contact with a student. (1) An actor 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 a position of special trust as a teacher, employee, or volunteer at a school, as that position is defined in Subsection 76-5-404.1(1)(a)(v)(S); and (c) committed the offense against an individual who at the time of the offense was enrolled as a student at the school where the actor was employed or was acting as a volunteer. (2) The enhancement of a penalty described in Subsection (1) shall be an enhancement of one classification higher than the offense of which the actor was convicted. Amended by Chapter 223, 2025 General Session Amended by Chapter 320, 2025 General Session

Utah Code § 76-3-203.14 Victim targeting penalty enhancement -- Penalties.

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) service in the U.S. Armed Forces; (q) status as an emergency responder, as defined in Section 53-2b-102; or (r) status as a law enforcement officer, correctional officer, special function officer, or any other peace officer, as defined in Title 53, Chapter 13, Peace Officer Classifications. (2) A defendant is subject to enhanced penalties under Subsection (3) if the defendant intentionally selects: (a) the victim of the criminal offense because of the defendant's belief or perception regarding the victim's personal attribute or a personal attribute of another individual or group of individuals with whom the victim has a relationship; or (b) the property damaged or otherwise affected by the criminal offense because of the defendant's belief or perception regarding the property owner's, possessor's, or occupant's personal attribute or a personal attribute of another individual or group of individuals with whom the property owner, possessor, or occupant has a relationship. (3) (a) If the trier of fact finds beyond a reasonable doubt that a defendant committed a criminal offense and selected the victim or property damaged or otherwise affected by the criminal offense in the manner described in Subsection (2), the defendant is subject to an enhanced penalty for the criminal offense as follows: (i) a class C misdemeanor is a class B misdemeanor; (ii) a class B misdemeanor is a class A misdemeanor; (iii) a class A misdemeanor is a third degree felony; (iv) a third degree felony is a third degree felony punishable by an indeterminate term of imprisonment for not less than one year nor more than five years; and (v) a second degree felony is a second degree felony punishable by an indeterminate term of imprisonment for not less than two years nor more than 15 years. (b) If the trier of fact finds beyond a reasonable doubt that a defendant committed a criminal offense that is a first degree felony and selected the victim or property damaged or otherwise affected by the criminal offense in the manner described in Subsection (2), the sentencing judge or the Board of Pardons and Parole shall consider the defendant's selection of the victim or property as an aggravating factor. (4) This section does not: (a) apply if: (i) the penalty for the criminal offense is increased or enhanced under another provision of state law; or (ii) the personal attribute of the victim or property owner, possessor, or occupant is an element of a criminal offense under another provision of state law; (b) prevent the court from imposing alternative sanctions as the court finds appropriate; (c) affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Utah Constitution or the laws of the state, or by the United States Constitution or the laws of the United States; or (d) create a special or protected class for any purpose other than a criminal penalty enhancement under this section. (5) (a) If a final decision of a court of competent jurisdiction holds invalid any provision of this section or the application of any provision of this section to any person or circumstance, the remaining provisions of this section remain effective without the invalidated provision or application. (b) The provisions of this section are severable. Enacted by Chapter 504, 2019 General Session

Utah Code § 76-3-203.15 Offenses committed against timber, mining, or agricultural industries -- Enhanced penalties.

76-3-203.15. Offenses committed against timber, mining, or agricultural industries -- Enhanced penalties. (1) An actor who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries is subject to an enhanced penalty for the offense as provided below. (2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the complaint in misdemeanor cases or the information or indictment in felony cases notice that the defendant is subject to the enhanced penalties provided under this section. (3) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful management, cultivation, or harvesting of trees or timber, or the management or operations of agricultural or mining industries, the penalties are enhanced as provided in this Subsection (3): (a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose; (b) a class B misdemeanor is a Class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose; (c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose; (d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and (e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose. (4) This section does not apply to action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq. Renumbered and Amended by Chapter 111, 2023 General Session

Utah Code § 76-3-203.16 Offenses committed against animal enterprises -- Definitions -- Enhanced penalties.

76-3-203.16. Offenses committed against animal enterprises -- Definitions -- Enhanced penalties. (1) As used in this section: (a) "Animal enterprise" means a commercial or academic enterprise that: (i) uses animals for food or fiber production; (ii) is an agricultural operation, including a facility for the production of crops or livestock, or livestock products; (iii) operates a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or (iv) any fair or similar event intended to advance agricultural arts and sciences. (b) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. (c) "Property" includes any buildings, vehicles, animals, data, records, stables, livestock handling facilities, livestock watering troughs or other watering facilities, and fencing or other forms of enclosure. (2) A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty under Subsection (4). (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the defendant is subject to the enhanced penalties provided under this section. (4) If the trier of fact finds beyond a reasonable doubt that the defendant committed any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, the penalties are enhanced as provided in this Subsection (4): (a) a class C misdemeanor is a class B misdemeanor, with a mandatory fine of not less than $1,000, which is in addition to any term of imprisonment the court may impose; (b) a class B misdemeanor is a class A misdemeanor, with a fine of not less than $2,500, which is in addition to any term of imprisonment the court may impose; (c) a class A misdemeanor is a third degree felony, with a fine of not less than $5,000, which is in addition to any term of imprisonment the court may impose; (d) a third degree felony is a second degree felony, with a fine of not less than $7,500, which is in addition to any term of imprisonment the court may impose; and (e) a second degree felony is subject to a fine of not less than $10,000, which is in addition to any term of imprisonment the court may impose. (5) This section does not apply to action protected by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., or the Federal Railway Labor Act, 45 U.S.C. Sec. 151 et seq. Renumbered and Amended by Chapter 111, 2023 General Session

Utah Code § 76-3-203.17 Enhancement of an offense for road rage.

76-3-203.17. Enhancement of an offense for road rage. (1) As used in this section: (a) "Roadway" means the same as that term is defined in Section 41-1a-1101. (b) "Operator" means the same as that term is defined in Section 41-6a-102. (c) "Vehicle" means the same as that term is defined in Section 41-1a-102. (2) If the trier of fact finds that an actor was an operator or passenger of a vehicle and the actor committed an offense in response to an incident that occurred or escalated upon a roadway and with the intent to endanger or intimidate an individual in another vehicle, the actor is guilty of: (a) a class A misdemeanor if the actor is charged with an offense that is designated by law as a class B misdemeanor; (b) a third degree felony if the actor is charged with an offense that is designated by law as a class A misdemeanor; (c) a third degree felony if the actor is charged with an offense that is designated by law as a third degree felony; or (d) a second degree felony if the actor is charged with an offense that is designated by law as a second degree felony. (3) (a) If an actor is guilty of a class A misdemeanor as described in Subsection (2)(a), the court shall impose a mandatory fine of no less than $750 in addition to any other penalty the court may impose for a class A misdemeanor. (b) If an actor is guilty of a third degree felony as described in Subsection (2)(b), the court shall impose a mandatory fine of no less than $1,000 in addition to any other penalty the court may impose for a third degree felony. (c) If an actor is guilty of a third degree felony as described in Subsection (2)(c), the court shall impose: (i) a mandatory fine of no less than $1,000; and (ii) an indeterminate term of imprisonment for no less than one year and no more than five years in addition to any other penalty the court may impose for a third degree felony. (d) If an actor is guilty of a second degree felony as described in Subsection (2)(d), the court shall impose: (i) a mandatory fine of no less than $1,000; and (ii) an indeterminate term of imprisonment for no less than two years and no more than 15 years in addition to any other penalty the court may impose for a second degree felony. (4) Except as otherwise provided by another provision of the Utah Code, the court may suspend the execution of an indeterminate term of imprisonment described in Subsection (3)(c)(ii) or (3)(d)(ii) in accordance with Section 77-18-105. (5) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under this section. (6) (a) If an actor is convicted of an offense and the offense is enhanced under this section, the court may order the suspension of the actor's driver license for a period of no longer than one year, except that the court may not order a suspension of an actor's driver license if the actor's driver license is required to be revoked under Subsection 53-3-220(1). (b) If the court orders the suspension of the actor's driver license, the court shall: (i) specify the length of the suspension in the order as described in Section 53-3-225; and (ii) forward the order of suspension to the Driver License Division. (7) If an offense is enhanced under this section, the court shall forward a record of conviction for the offense to the Driver License Division. (8) This section does not affect or limit any individual's constitutional right to lawful expression of free speech or other recognized rights secured by the laws or Constitution of Utah or by the laws or Constitution of the United States. Enacted by Chapter 319, 2024 General Session

Utah Code § 76-3-203.18 Use of artificial intelligence -- Aggravating factor.

76-3-203.18. Use of artificial intelligence -- Aggravating factor. (1) As used in this section: (a) "Artificial intelligence" means the same as that term is defined in Section 20A-11-1104. (b) "Material assistance" means providing significant or essential support, information, tools, or other means that facilitate planning, commission, or concealment of a criminal offense. (2) The sentencing judge or the Board of Pardons and Parole may consider as an aggravating factor in their deliberations that the defendant committed or facilitated the criminal offense with the intentional or knowing use and material assistance of an artificial intelligence system. (3) This section does not affect or restrict the exercise of judicial sentencing discretion under any other provision of Utah law. Enacted by Chapter 172, 2024 General Session

Utah Code § 76-3-203.19 Aggravating factor for an offense committed against a child or minor as part of a ritual.

76-3-203.19. Aggravating factor for an offense committed against a child or minor as part of a ritual. (1) As used in this section: (a) "Offense against a child or minor" means an offense that is: (i) child abuse as described in Section 76-5-109; (ii) child torture, as described in Section 76-5-109.4; (iii) aggravated child abuse as described in Section 76-5-109.2; (iv) abuse or neglect of a child with a disability as described in Section 76-5-110; (v) child abuse homicide as described in Section 76-5-208; (vi) kidnapping as described in Section 76-5-301, if committed against an individual under 18 years old; (vii) child kidnapping as described in Section 76-5-301.1; (viii) aggravated kidnapping as described in Section 76-5-302, if committed against an individual under 18 years old; (ix) human trafficking of a child for labor as described in Section 76-5-308.5; (x) human trafficking of a child for commercial sexual exploitation as described in Section 76-5-308.6; (xi) unlawful sexual activity with a minor as described in Section 76-5-401; (xii) sexual abuse of a minor as described in Section 76-5-401.1; (xiii) rape as described in Section 76-5-402, if committed against an individual under 18 years old; (xiv) rape of a child as described in Section 76-5-402.1; (xv) object rape as described in Section 76-5-404.2, if committed against an individual under 18 years old; (xvi) object rape of a child as described in Section 76-5-402.3; (xvii) forcible sodomy as described in Section 76-5-403, if committed against an individual under 18 years old; (xviii) sodomy on a child as described in Section 76-5-403.1; (xix) forcible sexual abuse as described in Section 76-5-404, if committed against an individual under 18 years old; (xx) sexual abuse of a child as described in Section 76-5-404.1; (xxi) aggravated sexual abuse of a child as described in Section 76-5-404.3; (xxii) aggravated sexual assault as described in Section 76-5-405, if committed against an individual under 18 years old; (xxiii) unlawful kissing of a child as described in Section 76-5-416.2; or (xxiv) unlawful kissing of a minor as described in Section 76-5-416.4. (b) "Ritual" means an event or act, or a series of events or acts: (i) marked by specific actions, specific gestures, ceremonial objects, ceremonial clothing, religious texts, or specific words; and (ii) designed to commemorate, celebrate, or solemnize a particular occasion or significance in a religious, cultural, social, institutional, or other context. (2) For a defendant convicted of an offense against a child or minor, it is an aggravating factor if the sentencing court finds that the defendant committed the offense as part of, or to facilitate, a ritual or a training or practice to perform a ritual. (3) When sentencing a defendant convicted of an offense against a child or minor subject to the aggravating factor described in Subsection (2), the sentencing court shall consider the aggravating factor and include the aggravating factor in the judgment of commitment. (4) In determining the length of imprisonment for a defendant imprisoned for a conviction of an offense against a child or minor subject to the aggravating factor described in Subsection (2), the Board of Pardons and Parole shall consider the aggravating factor. Amended by Chapter 247, 2026 General Session

Utah Code § 76-3-203.20 Aggravating factor if actor traveled to commit a child sexual offense.

76-3-203.20. Aggravating factor if actor traveled to commit a child sexual offense. (1) As used in this section: (a) "Child sexual offense" means one of the following offenses: (i) human trafficking of a child for commercial sexual exploitation as described in Section 76-5-308.6; (ii) unlawful sexual activity with a minor as described in Section 76-5-401; (iii) sexual abuse of a minor as described in Section 76-5-401.1; (iv) unlawful sexual conduct with a 16- or 17-year-old as described in Section 76-5-401.2; (v) rape of a child as described in Section 76-5-402.1; (vi) object rape of a child as described in Section 76-5-402.3; (vii) sodomy on a child as described in Section 76-5-403.1; (viii) sexual abuse of a child as described in Section 76-5-404.1; (ix) aggravated sexual abuse of a child as described in Section 76-5-404.3; (x) unlawful kissing of a child as described in Section 76-5-416.2; or (xi) unlawful kissing of a minor as described in Section 76-5-416.4. (b) "Principal place of residence" means the single location where an individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning, as evidenced by: (i) the intent expressed by the individual; and (ii) acts of the individual that are consistent or inconsistent with the intent expressed by the individual. (2) For a defendant convicted of a child sexual offense, it is an aggravating factor if the sentencing court finds that the defendant: (a) traveled more than 45 miles from the defendant's principal place of residence for the purpose of the defendant committing, or attempting to commit, the child sexual offense; or (b) paid for, or otherwise facilitated, the victim to travel more than 45 miles from the victim's principal place of residence, for the purpose of the defendant committing, or attempting to commit, the child sexual offense. (3) When sentencing a defendant convicted of a child sexual offense subject to the aggravating factor described in Subsection (2), the sentencing court shall consider the aggravating factor and include the aggravating factor in the judgment of commitment. (4) In determining the length of imprisonment for a defendant imprisoned for a conviction of an offense against a child or minor subject to the aggravating factor described in Subsection (2), the Board of Pardons and Parole shall consider the aggravating factor. Amended by Chapter 247, 2026 General Session

Utah Code § 76-3-203.21 Transnational repression enhancement.

76-3-203.21. Transnational repression enhancement. (1) As used in this section: (a) "Agent of a foreign government" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign government. (b) "Agent of a foreign terrorist organization" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign terrorist organization designated by the federal government in accordance with 8 U.S.C. Sec. 1189. (2) An actor who commits any criminal offense is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the actor: (a) (i) is an agent of a foreign government or an agent of a foreign terrorist organization; or (ii) acted at the direction, request, command, or otherwise under the influence of, a foreign government or foreign terrorist organization; and (b) committed the criminal offense with the intent to: (i) (A) cause an individual to act on behalf of a foreign government or foreign terrorist organization; (B) cause an individual to leave the United States or cause another individual to leave the United States; or (C) compel the victim to do any other act against the victim's will; or (ii) compel the victim to refrain from doing any act against the victim's will. (3) For an offense described in Subsection (2), the actor may be charged as follows: (a) for a class C misdemeanor, as a class B misdemeanor; (b) for a class B misdemeanor, as a class A misdemeanor; (c) for a class A misdemeanor, as a third degree felony; (d) for a third degree felony, as a second degree felony; and (e) for a second degree felony, as a first degree felony. Enacted by Chapter 211, 2026 General Session

Utah Code § 76-3-204 Misdemeanor conviction -- Term of imprisonment.

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) (a) Except as provided in Subsection (1)(b), in the case of a class A misdemeanor, for a term not exceeding 364 days. (b) (i) Except as provided in Subsection (1)(b)(ii), in the case of a class A misdemeanor under Title 76, Chapter 5, Offenses Against the Individual, for a term not exceeding one year. (ii) For a class A misdemeanor for one of following offenses, for a term not exceeding 364 days: (A) Section 76-5-102.9, propelling a bodily substance or material as described in Section 76-5-102.9; (B) Section 76-5-107.5, prohibition of "hazing"; (C) Section 76-5-113, surreptitious administration of certain substances; or (D) Section 76-5-303, custodial interference. (2) In the case of a class B misdemeanor, for a term not exceeding six months. (3) In the case of a class C misdemeanor, for a term not exceeding 90 days. Amended by Chapter 227, 2025 General Session

Utah Code § 76-3-205 Infraction conviction -- Fine, forfeiture, and disqualification.

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 shall be considered in accordance with Section 76-3-301.7. (3) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor. Amended by Chapter 214, 2018 General Session

Utah Code § 76-3-206 Capital felony -- Penalties.

76-3-206. Capital felony -- Penalties. (1) An individual 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 individual described in Subsection (1) was 18 years old or older at the time the offense was committed, the sentence shall be: (i) death; (ii) an indeterminate prison term of not less than 25 years and that may be for life; or (iii) on or after April 27, 1992, life in prison without parole. (b) Subsections (2)(a)(i) and (2)(a)(iii) do not apply if the individual was under 18 years old at the time the offense was committed and was sentenced on or after May 10, 2016. Amended by Chapter 345, 2026 General Session

Utah Code § 76-3-207 Capital felony -- Sentencing proceeding -- Appeals.

76-3-207. Capital felony -- Sentencing proceeding -- Appeals. (1) (a) When a defendant has pled guilty to or been found guilty of a capital felony, a further proceeding shall be conducted on the issue of the defendant's sentence for the capital felony. (b) When a defendant has pled guilty to a capital felony, the sentencing proceeding described in Subsection (1)(a) is conducted before: (i) a jury; or (ii) upon request of the defendant and with the approval of the court and the consent of the prosecution, the court that accepted the plea. (c) (i) When a defendant has been found guilty of a capital felony, the sentencing proceeding described in Subsection (1)(a) is conducted before: (A) the jury that found the defendant guilty; or (B) the court upon a waiver by the defendant of the sentencing proceeding being conducted before a jury, with approval of the court and the consent of the prosecution. (ii) If circumstances make it impossible or impractical to continue with the same jury for the sentencing proceeding, the court may dismiss that jury and convene a new jury for the proceeding. (d) If a retrial of the sentencing proceeding is necessary as a consequence of a remand from an appellate court, the sentencing authority is determined in accordance with Subsection (13). (2) (a) In a sentencing proceeding described in Subsection (1)(a), evidence may be presented on: (i) the nature and circumstances of the crime; (ii) the defendant's character, background, history, and mental and physical condition; (iii) the victim and the impact of the crime on the victim's family and community without comparison to other persons or victims; and (iv) any other facts in aggravation or mitigation of the penalty that are relevant to the sentence. (b) (i) Any evidence the court considers to have probative force may be received regardless of the evidence's admissibility under the rules of evidence. (ii) The prosecuting attorney and the defendant shall be permitted to present argument for or against the sentence of death. (3) Aggravating circumstances include those outlined in Section 76-5-202. (4) (a) As used in this Subsection (4), "mental condition" does not include an abnormality manifested primarily by repeated criminal conduct. (b) Mitigating circumstances include: (i) the defendant has no significant history of prior criminal activity; (ii) the homicide was committed while the defendant was under the influence of mental or emotional disturbance; (iii) the defendant acted under duress or under the domination of another person; (iv) at the time of the homicide, the capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirement of law was impaired as a result of a mental condition, intoxication, or influence of drugs; (v) the youth of the defendant at the time of the crime; (vi) the defendant was an accomplice in the homicide committed by another individual and the defendant's participation was relatively minor; and (vii) any other fact in mitigation of the penalty. (5) The court or jury, as the case may be, shall retire to consider the defendant's sentence. (6) (a) Except as provided in Subsections 76-3-206(2)(b) and 76-3-207.5(2), the court shall instruct a jury in a sentencing proceeding for a capital felony on the punishment to be imposed in accordance with this Subsection (6). (b) The sentence of death shall only be imposed if, after considering the totality of the aggravating and mitigating circumstances, the jury is persuaded beyond a reasonable doubt that: (i) total aggravation outweighs total mitigation; and (ii) the imposition of the sentence of death is justified and appropriate in the circumstances. (c) If the jury reports a unanimous decision to impose the sentence of death, the court shall: (i) discharge the jury; and (ii) impose the sentence of death. (d) If the jury is unable to reach a unanimous decision imposing the sentence of death, the jury shall determine whether the penalty of life in prison without parole shall be imposed, except as provided in Subsection 76-3-207.5(2). (e) The penalty of life in prison without parole shall only be imposed if the jury determines that the sentence of life in prison without parole is appropriate. (f) If the jury reports agreement by 10 jurors or more to impose the sentence of life in prison without parole, the court shall: (i) discharge the jury; and (ii) impose the sentence of life in prison without parole. (g) If 10 jurors or more do not agree upon a sentence of life in prison without parole, the court shall: (i) discharge the jury; and (ii) impose an indeterminate prison term of not less than 25 years and which may be for life. (7) If the sentencing proceeding described in Subsection (1)(a) is conducted before the court as described in Subsection (1)(b) or (c), the court shall determine the appropriate penalty according to the standards of Subsection (6). (8) If the defendant is sentenced to more than one term of life in prison with or without the possibility of parole, or in addition to a sentence of life in prison with or without the possibility of parole the defendant is sentenced for other offenses that result in terms of imprisonment, the court shall determine whether the terms of imprisonment shall be imposed as concurrent or consecutive sentences in accordance with Section 76-3-401. (9) (a) If a defendant is sentenced to death, the court shall: (i) advise the defendant, at the sentencing proceeding, of the defendant's right to a direct appeal and of the provisions for postconviction relief in Title 78B, Chapter 9, Part 1, General Provisions; and (ii) appoint appellate counsel for the defendant in accordance with the requirements for a capital case under Rule 8 of the Utah Rules of Criminal Procedure and Title 78B, Chapter 22, Indigent Defense Act. (b) Subsection (9)(a)(ii) does not prevent the defendant from obtaining private counsel or waiving the appointment of appellate counsel. (10) (a) If a defendant is convicted and sentenced to death for a capital felony and the defendant waives the defendant's right to an appeal or fails to file a timely notice of appeal: (i) the judgment is subject to automatic review by the Supreme Court as to whether there was manifest injustice; and (ii) the sentencing court shall promptly certify the entire record of the defendant's case to the Supreme Court. (b) The Supreme Court shall conduct the automatic review of a defendant's case within 120 days after the day on which the sentencing court certifies the entire record of the defendant's case. (c) Except as provided in Subsection (10)(d), an automatic review is conducted without briefing from any party. (d) If the Supreme Court determines that the conviction should be modified, or the conviction or sentence should be vacated, upon an automatic review: (i) the Supreme Court shall request that the attorney general submit briefing to address the error for which the Supreme Court determined that the conviction should be modified or the conviction or sentence should be vacated; and (ii) the Supreme Court may appoint an amicus curae to submit briefing in place of the defendant. (e) Upon any briefing described in Subsection (10)(d), the Supreme Court may modify the conviction, or affirm or vacate the conviction or sentence, of the defendant. (11) (a) A reversible error in a sentencing proceeding for a capital felony does not result in the reversal of the conviction for the capital felony. (b) If the Supreme Court remands a capital felony case for a new sentencing proceeding, all exhibits and a transcript of all testimony and other evidence that was properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. (12) (a) An automatic review described in Subsection (10) has priority over all other cases before the Supreme Court. (b) An appeal or petition for extraordinary relief in a capital felony case has priority over all noncapital felony cases before the Supreme Court and should be expedited. (c) A petition for postconviction relief in a capital case has priority over all other cases in the district court, except for a trial of a capital felony case, and should be expedited. (13) On a remand for a new sentencing proceeding, the new sentencing proceeding is conducted before: (a) except as provided in Subsection (13)(b) or (c), a new jury if: (i) the prior sentencing proceeding was conducted before a jury; or (ii) the prior sentencing proceeding was conducted before the court and the original trial judge is unable or unavailable to conduct the new sentencing proceeding; (b) the original trial judge if: (i) the defendant waives the new sentencing proceeding being conducted before a jury, with the approval of the court and the consent of the prosecution; and (ii) the prior sentencing proceeding was conducted before the court; or (c) a new trial judge if: (i) the defendant waives the new sentencing proceeding being conducted before a jury, with the approval of the court and the consent of the prosecution; and (ii) the original trial judge is unable or unavailable to conduct the new sentencing proceeding. (14) If the sentence of death is held to be unconstitutional by the Utah Supreme Court or the United States Supreme Court, the court having jurisdiction over a defendant previously sentenced to death for a capital felony shall: (a) cause the defendant to be brought before the court; and (b) sentence the defendant to life in prison without parole. (15) (a) If the appellate court's final decision regarding any appeal of a sentence of death precludes the imposition of the sentence of death due to an intellectual disability as described in Section 77-15a-101.5, the court having jurisdiction over a defendant previously sentenced to death for a capital felony shall: (i) cause the defendant to be brought before the court; and (ii) sentence the defendant to life in prison without parole. (b) If the appellate court precludes the imposition of the sentence of death under Subsection (15)(a), but the appellate court finds that sentencing the defendant to life in prison without parole is likely to result in a manifest injustice, the appellate court may remand the case to the sentencing court for a sentencing proceeding to determine if the defendant should serve a sentence of life in prison without parole or an indeterminate prison term of not less than 25 years and which may be for life. Amended by Chapter 345, 2026 General Session

Utah Code § 76-3-207.5 Applicability -- Effect on sentencing -- Options of offenders.

76-3-207.5. Applicability -- Effect on sentencing -- Options of offenders. (1) (a) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 applies only to those capital felonies for which the offender is sentenced on or after April 27, 1992. (b) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 has no effect on sentences imposed in capital cases prior to April 27, 1992. (2) An offender, who commits a capital felony prior to April 27, 1992, but is sentenced on or after April 27, 1992, shall be given the option, prior to a sentencing hearing pursuant to Section 76-3-207, to proceed either under the law which was in effect at the time the offense was committed or under the additional sentencing option of life in prison without parole provided in Sections 76-3-201 and 76-3-207. (3) The sentencing option of life without parole has no effect on sentences imposed on an offender who was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016. Amended by Chapter 277, 2016 General Session

Utah Code § 76-3-207.7 First degree felony aggravated murder -- Noncapital felony -- Penalties -- Sentenced by court.

76-3-207.7. First degree felony aggravated murder -- Noncapital felony -- Penalties -- Sentenced by court. (1) A person who has pled guilty to or been convicted of first degree felony aggravated murder under Section 76-5-202 shall be sentenced by the court. (2) (a) The sentence under this section shall be: (i) life in prison without parole; or (ii) an indeterminate prison term of not less than 25 years and that may be for life. (b) Subsection (2)(a)(i) does not apply if the person was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016. Amended by Chapter 277, 2016 General Session

Utah Code § 76-3-208 Imprisonment -- Custodial authorities.

76-3-208. Imprisonment -- Custodial authorities. (1) Persons sentenced to imprisonment shall be committed to the following custodial authorities: (a) felony commitments shall be to the Utah State Prison; (b) (i) class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year with a credit for one day, unless the offense is an offense described in Subsection 76-3-204(1)(b)(i), in which case there is no credit for one day; and (ii) the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-111; and (c) all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted. (2) A custodial authority may place a prisoner in a facility other than the one to which the prisoner was committed when: (a) the custodial authority does not have space to accommodate the prisoner; or (b) the security of the institution or prisoner requires the prisoner to be placed in a facility other than the one to which the prisoner was committed. Amended by Chapter 227, 2025 General Session

Utah Code § 76-3-209 Limitation on sentencing for crimes committed by juveniles.

76-3-209. Limitation on sentencing for crimes committed by juveniles. (1) As used in this section: (a) "Qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. (b) "Qualifying sexual offense" does not include enticing a minor as described in Section 76-5-417. (2) (a) This Subsection (2) only applies prospectively to an individual sentenced on or after May 10, 2016. (b) Notwithstanding any provision of law, an individual may not be sentenced to life without parole if: (i) the individual is convicted of a crime punishable by life without parole; and (ii) at the time the individual committed the crime, the individual was under 18 years old. (c) The maximum punishment that may be imposed on an individual described in Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for life. (3) Except as provided in Subsection (4), if an individual is convicted in district court of a qualifying sexual offense and, at the time of the offense, the individual was at least 14 years old, but under 18 years old: (a) the district court shall impose a sentence consistent with the disposition that would have been made in juvenile court; and (b) the district court may not impose incarceration unless the court enters specific written findings that incarceration is warranted based on a totality of the circumstances, taking into account: (i) the time that elapsed after the individual committed the offense; (ii) the age of the individual at the time of the offense; (iii) the age of the victim at the time of the offense; (iv) the criminal history of the individual after the individual committed the offense; (v) any treatment assessments or validated risk tools; and (vi) public safety concerns. (4) Subsection (3) does not apply if: (a) before the individual described in Subsection (3) is convicted of the qualifying sexual offense, the individual is convicted of a qualifying sexual offense that the individual committed when the individual was 18 years old or older; (b) the individual is convicted in district court, before the victim is 18 years old, of a violation of Section 76-5-405, aggravated sexual assault; or (c) the conviction occurred in district court after the individual was: (i) charged by criminal information in the juvenile court for the qualifying sexual offense in accordance with Section 80-6-503; and (ii) bound over to the district court for the qualifying sexual offense in accordance with Section 80-6-504. (5) If the district court imposes incarceration under Subsection (3)(b), the term of incarceration may not exceed: (a) seven years for a violation of Section 76-5-405, aggravated sexual assault; (b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-419, or 76-5-420; or (c) the maximum sentence described in Section 76-3-204 for a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417. Amended by Chapter 173, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter3/76-3-P2.html?v=C76-3-P2_1800010118000101Fetched: 10/26/2026