76-5-102. Assault.
(1) Assault is:
(a) an attempt, with unlawful force or violence, to do bodily injury to another;
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
(2) Assault is a class B misdemeanor.
(3) Assault is a class A misdemeanor if:
(a) the person causes substantial bodily injury to another; or
(b) the victim is pregnant and the person has knowledge of the pregnancy.
(4) It is not a defense against assault, that the accused caused serious bodily injury to another.
76-5-106. Harassment.
(1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.
(2) Harassment is a class B misdemeanor.
76-5-203. Murder.
(2) Criminal homicide constitutes murder if:
(a) the actor intentionally or knowingly causes the death of another;
(b) intending to cause serious bodily injury to another, the actor commits an act clearly dangerous to human life that causes the death of another;
(c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct which creates a grave risk of death to another and thereby causes the death of another;
...
(e) the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of [an assault on a police officer].
(3) (a) Murder is a first degree felony.
(b) A person who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life.
(4) (a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another or attempted to cause the death of another under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.
76-5-301. Kidnapping.
(1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:
(a) detains or restrains the victim for any substantial period of time;
(b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;
(c) holds the victim in involuntary servitude;
(d) detains or restrains a minor without the consent of the minor's parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or
(e) moves the victim any substantial distance or across a state line.
(2) As used in this section, acting "against the will of the victim" includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
(3) Kidnapping is a second degree felony.
76-5-402. Rape.
(1) A person commits rape when the actor has sexual intercourse with another person without the victim's consent.
(2) This section applies whether or not the actor is married to the victim.
(3) Rape is a felony of the first degree, punishable by a term of imprisonment of:
(a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;
(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the rape the defendant caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of the rape the defendant was previously convicted of a grievous sexual offense.
76-6-102. Arson.
(1) A person is guilty of arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:
(a) any property with intention of defrauding an insurer; or
(b) the property of another.
(2) A violation of Subsection (1)(a) is a second degree felony.
(3) A violation of Subsection (1)(b) is:
(a) a second degree felony if:
(i) the damage caused is or exceeds $5,000 in value; or
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-601;
(b) a third degree felony if:
(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-601; or
(iii) the fire or explosion endangers human life;
(c) a class A misdemeanor if the damage caused is or exceeds $500 but is less than $1,500 in value; and
(d) a class B misdemeanor if the damage caused is less than $500.
76-6-106. Criminal mischief.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
76-6-108. Damage to or interruption of a communication device.
(2) A person is guilty of damage to or interruption of a communication device if the actor attempts to prohibit or interrupt, or prohibits or interrupts, another person's use of a communication device when the other person is attempting to summon emergency aid or has communicated a desire to summon emergency aid, and in the process the actor:
(a) uses force, intimidation, or any other form of violence;
(b) destroys, disables, or damages a communication device; or
(c) commits any other act in an attempt to prohibit or interrupt the person's use of a communication device to summon emergency aid.
(3) Damage to or interruption of a communication device is a class B misdemeanor.
76-6-202. Burglary.
(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Subsection 76-9-702(1);
(e) sexual battery, a violation of Subsection 76-9-702(3);
(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(g) voyeurism against a child under Subsection 76-9-702.7(2) or (5).
(2) Burglary is a felony of the third degree unless it was committed in a dwelling, in which event it is a felony of the second degree.
76-6-206. Criminal trespass.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:
(a) the person enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing the person's entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the person enters a condominium unit in violation of Subsection 57-8-7(7).
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property.
76-6-404. Theft.
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
76-6-501. Forgery.
(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:
(a) alters any writing of another without his authority or utters the altered writing; or
(b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication, or utterance:
(i) purports to be the act of another, whether the person is existent or nonexistent;
(ii) purports to be an act on behalf of another party with the authority of that other party; or
(iii) purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when an original did not exist.
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
...
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
|
76-2-302. Compulsion.
(1) A person is not guilty of an offense when he engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would not have resisted.
(2) The defense of compulsion provided by this section shall be unavailable to a person who intentionally, knowingly, or recklessly places himself in a situation in which it is probable that he will be subjected to duress.
(3) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion or to any defense of compulsion except as in Subsection (1) provided.
76-2-303. Entrapment.
(1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
76-2-304. Ignorance or mistake of fact or law.
(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.
(2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless:
(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and
(b) His ignorance or mistake resulted from the actor's reasonable reliance upon:
(i) An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(ii) A written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.
(3) Although an actor's ignorance or mistake of fact or law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.
76-2-305. Mental illness.
(1) (a) It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged.
...
(2) The defense defined in this section includes the defenses known as "insanity" and "diminished mental capacity."
(3) A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.
(4) (a) "Mental illness" means a mental disease or defect that substantially impairs a person's mental, emotional, or behavioral functioning. A mental defect may be a congenital condition, the result of injury, or a residual effect of a physical or mental disease and includes, but is not limited to, mental retardation.
(b) "Mental illness" does not mean an abnormality manifested primarily by repeated criminal conduct.
(5) "Mental retardation" means a significant subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior, and manifested prior to age 22.
76-2-401. Justification as defense.
(1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
(a) when the actor's conduct is in defense of persons or property...;
(b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
(c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
(d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or
(e) when the actor's conduct is justified for any other reason under the laws of this state.
(2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.
76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
PUNISHMENTS
(Selected Examples)
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.
76-3-204. Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding one year;
(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.
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 fine, forfeiture, and disqualification, or any combination.
(2) Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.
76-3-301. Fines of persons.
(1) A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(a) $10,000 for a felony conviction of the first degree or second degree;
(b) $5,000 for a felony conviction of the third degree;
(c) $2,500 for a class A misdemeanor conviction;
(d) $1,000 for a class B misdemeanor conviction;
(e) $750 for a class C misdemeanor conviction or infraction conviction; and
(f) any greater amounts specifically authorized by statute.
(2) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.
76-3-201. Sentences or combination of sentences allowed.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the criminal conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes the money equivalent of property taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical expenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a victim, and payment for expenses to a governmental entity for extradition or transportation and as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
...
(2) Within the limits prescribed by this chapter, a court may sentence a person convicted of an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) to imprisonment;
(e) on or after April 27, 1992, to life in prison without parole; or
(f) to death.
(3) (a) This chapter does not deprive a court of authority conferred by law to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
___________________________________________________________
21 East 100 North, Suite #205, American Fork, Utah 84003 & 1375 S. 100 E., Price, Utah 84501
801-404-4987
|
