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7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of assault against a peace
10 officer or military service member.
11 Highlighted Provisions:
12 This bill:
13 . creates the third degree offense of assaulting a peace officer or military service
14 member in uniform if the offender causes substantial bodily injury; and
15 . creates the second degree offense of assaulting a peace officer or a military service
16 member in uniform while the offender is using a dangerous weapon or force likely
17 to cause serious injury or death.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 76-5-102.4, as last amended by Laws of Utah 2009, Chapter 125
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-5-102.4 is amended to read:
28 76-5-102.4. Assault against peace officer or a military service member in uniform
29 -- Penalties.
30 (1) As used in this section:
31 (a) "Military service member in uniform" means:
32 (i) a member of any branch of the United States military who is wearing a uniform as
33 authorized by the member's branch of service; or
34 (ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9 .
35 (b) "Peace officer" means a law enforcement officer certified under Section 53-13-103 .
36 (2) [
39 the peace officer is acting within the scope of his authority as a peace officer; or
41 orders and acting within the scope of authority granted to the military service member in
44 degree felony if the person:
45 (a) has been previously convicted of a violation of [
47 (b) the person causes substantial bodily injury.
48 (4) A person who violates Subsection (2) is guilty of a second degree felony if the
49 person uses:
50 (a) a dangerous weapon as defined in Section 76-1-601 ; or
51 (b) other means or force likely to produce death or serious bodily injury.
53 facility, a minimum of:
54 (a) 90 consecutive days for a second offense; and
55 (b) 180 consecutive days for each subsequent offense.
57 under Subsection [
58 the suspension and the court makes specific findings concerning the disposition [
59 on the record.
61 lawful expression of free speech, the right of assembly, or any other recognized rights secured
62 by the Constitution or laws of Utah or by the Constitution or laws of the United States.
Legislative Review Note
as of 12-19-11 6:30 AM