76-5-102.4. Assault against peace officer -- Penalty.
(1) As used in this section, "peace officer" means a law enforcement officer certified
under Section 53-13-103.
(2) (a) Any person who assaults a peace officer, with knowledge that he is a peace
officer, and when the peace officer is acting within the scope of his authority as a peace officer, is
guilty of a class A misdemeanor, except as provided in Subsection (2)(b).
(b) A person who violates this section and has been previously convicted of a violation
of this section is guilty of a third degree felony.
(3) A person who violates this section shall serve, in jail or another correctional facility,
a minimum of:
(a) 90 consecutive days for a second offense; and
(b) 180 consecutive days for each subsequent offense.
(4) The court may suspend the imposition or execution of the sentence required under
Subsection (3) if the court finds that the interests of justice would be best served and makes
specific findings concerning the disposition in writing or on the record.
(5) This section does not affect or limit any individual's constitutional right to the lawful
expression of free speech, the right of assembly, or any other recognized rights secured by the
Constitution or laws of Utah or by the Constitution or laws of the United States.
Amended by Chapter 131, 2008 General Session
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Last revised: Wednesday, July 23, 2008