76-10-508.1. Felony discharge of a firearm -- Penalties.
(1) Except as provided under Subsection (2) or (3), a person who discharges a firearm is
guilty of a third degree felony punishable by imprisonment for a term of not less than three years
nor more than five years if:
(a) the actor discharges a firearm in the direction of any person or persons, knowing or
having reason to believe that any person may be endangered by the discharge of the firearm;
(b) the actor, with intent to intimidate or harass another or with intent to damage a
habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any
person or habitable structure; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm in the
direction of any vehicle.
(2) A violation of Subsection (1) which causes bodily injury to any person is a second
degree felony punishable by imprisonment for a term of not less than three years nor more than
15 years.
(3) A violation of Subsection (1) which causes serious bodily injury to any person is a
first degree felony.
(4) In addition to any other penalties for a violation of this section, the court shall:
(a) notify the Driver License Division of the conviction for purposes of any revocation,
denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);
and
(b) specify in court at the time of sentencing the length of the revocation under
Subsection 53-3-225(1)(c).
(5) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of self or
others;
(b) who is performing official duties as provided in Section 23-20-1.5 or 76-10-523 or as
otherwise authorized by law; or
(c) who discharges a dangerous weapon or firearm from an automobile or other vehicle,
if:
(i) the discharge occurs at a firing range or training ground;
(ii) at no time after the discharge does the projectile that is discharged cross over or stop
at a location other than within the boundaries of the firing range or training ground described in
Subsection (5)(c)(i);
(iii) the discharge is made as practice or training for a lawful purpose;
(iv) the discharge and the location, time, and manner of the discharge are approved by
the owner or operator of the firing range or training ground prior to the discharge; and
(v) the discharge is not made in violation of Subsection (1).
Amended by Chapter 157, 2009 General Session
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Last revised: Thursday, May 28, 2009