76-5-102.4. Assault against peace officer or a military service member in uniform --
Penalty.
(1) As used in this section:
(a) "Military service member in uniform" means:
(i) a member of any branch of the United States military who is wearing a uniform as
authorized by the member's branch of service; or
(ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9.
(b) "Peace officer" means a law enforcement officer certified under Section 53-13-103.
(2) (a) A person is guilty of a class A misdemeanor, except as provided in Subsection
(2)(b), who:
(i) 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; or
(ii) assaults a military service member in uniform when that service member is on orders
and acting within the scope of authority granted to the military service member in uniform.
(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 125, 2009 General Session
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Last revised: Thursday, May 28, 2009