H.B. 54 Enrolled

DANGEROUS WEAPON PENALTY ENHANCEMENT
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
David L. Gladwell
Bryan D. Holladay
Susan J. Koehn
Loretta Baca
Perry Buckner
Neal B. Hendrickson
Brad King

AN ACT RELATING TO CRIMINAL CODE; PROVIDING CLARIFICATION AND
UNIFORMITY BY AMENDING PROVISIONS ENHANCING OFFENSES FOR THE
USE OF DANGEROUS WEAPONS; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-32-14, as last amended by Chapter 144, Laws of Utah 1990
76-3-203, as last amended by Chapter 244, Laws of Utah 1995
76-3-203.2, as last amended by Chapter 134, Laws of Utah 1994
76-5-107.5, as enacted by Chapter 59, Laws of Utah 1989
76-5-109, as last amended by Chapter 192, Laws of Utah 1992
76-5-111, as enacted by Chapter 130, Laws of Utah 1996
76-5-405, as last amended by Chapter 40, Laws of Utah 1996
76-6-412, as last amended by Chapter 139, Laws of Utah 1996
76-8-309, as repealed and reenacted by Chapter 104, Laws of Utah 1996
76-8-310, as last amended by Chapter 104, Laws of Utah 1996
76-9-101, as last amended by Chapter 32, Laws of Utah 1974
76-10-503, as last amended by Chapters 19 and 149, Laws of Utah 1994
76-10-504, as repealed and reenacted by Chapter 80, Laws of Utah 1995
76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
76-10-1504, as enacted by Chapter 72, Laws of Utah 1979
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-32-14 is amended to read:

4-32-14. Attempt to bribe state officer or employee -- Acceptance of bribe --
Interference with official duties -- Penalties.
(1) (a) Any person who gives, pays, or offers, directly or indirectly, any money or other thing
of value, to any officer or employee of this state who is authorized to perform any duties under this
chapter, with the intent to influence the officer or employee in the discharge of his duty, is guilty of
a felony of the third degree, and upon conviction, shall be punished by a fine of not more than
$5,000 or imprisonment of not more than five years, or both.
(b) An officer or employee of this state authorized to perform duties under this chapter who
accepts money, a gift, or other thing of value from any person given with intent to influence his
official action, is guilty of a felony of the third degree and shall, upon conviction, be discharged from
office, fined in an amount of not more than $5,000, or imprisoned for not more than five years, or
both.
(2) (a) Any person who assaults, [opposes] obstructs, impedes, intimidates, or interferes with
any person engaged in the performance of official duties under this chapter, with or without a
dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall be
punished by a fine of not more than $5,000, or by imprisonment of not more than five years, or both.
(b) Any person who, in the commission of any [act under this chapter] violation of
Subsection (2) of this section, uses a [deadly or] dangerous weapon as defined in Section 76-1-601,
is guilty of a felony of the second degree and upon conviction shall be punished by a fine of not
more than $10,000, or by imprisonment for a period of not more than ten years, or both.
(c) Any person who kills another person engaged in the performance of official duties under
this chapter shall be punished as provided in Section 76-5-202.
Section 2. Section 76-3-203 is amended to read:
76-3-203. Felony conviction -- Indeterminate term of imprisonment -- Increase of
sentence if dangerous weapon used.
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, for a term at not less than five years, unless

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otherwise specifically provided by law, and which may be for life but if the trier of fact finds a
dangerous weapon [or a facsimile or the representation of a dangerous weapon], as [provided]
defined in Section 76-1-601, was used in the commission or furtherance of the felony, the court shall
additionally sentence the person convicted for a term of one year to run consecutively and not
concurrently; and the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently.
(2) In the case of a felony of the second degree, for a term at not less than one year nor more
than 15 years but if the trier of fact finds a dangerous weapon [or a facsimile or the representation
of a dangerous weapon], as [provided] defined in Section 76-1-601, was used in the commission or
furtherance of the felony, the court shall additionally sentence the person convicted for a term of one
year to run consecutively and not concurrently; and the court may additionally sentence the person
convicted for an indeterminate term not to exceed five years to run consecutively and not
concurrently.
(3) In the case of a felony of the third degree, for a term not to exceed five years but if the
trier of fact finds a dangerous weapon [or a facsimile or the representation of a dangerous weapon],
as [provided] defined in Section 76-1-601, was used in the commission or furtherance of the felony,
the court may additionally sentence the person convicted for an indeterminate term not to exceed five
years to run consecutively and not concurrently.
(4) Any person who has been sentenced to a term of imprisonment for a felony in which a
dangerous weapon, as [provided] defined in Section 76-1-601, was used or involved in the
accomplishment of the felony and is convicted of another felony when a dangerous weapon was used
or involved in the accomplishment of the felony shall, in addition to any other sentence imposed,
be sentenced for an indeterminate term to be not less than five nor more than ten years to run
consecutively and not concurrently.
Section 3. Section 76-3-203.2 is amended to read:
76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or about
school premises -- Enhanced penalties.
(1) (a) "On or about school premises" as used in this section and Section 76-10-505.5 means

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any of the following:
(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
(ii) in a public or private vocational school or postsecondary institution or on the grounds
of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds which are,
at the time of the act, being used for an activity sponsored by or through a school or institution under
Subsections (1)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility; and
(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
(ii), (iii), and (iv).
(b) As used in this section:
(i) "Educator" means any person who is employed by a public school district and who is
required to hold a certificate issued by the State Board of Education in order to perform duties of
employment.
(ii) "Within the course of employment" means that an educator is providing services or
engaging in conduct required by the educator's employer to perform the duties of employment.
(2) Any person who, on or about school premises, commits any offense and uses or threatens
to use a [firearm in his possession] dangerous weapon, as defined in Section 76-1-601, in the
commission of the offense is subject to an enhanced degree of offense as provided in Subsection (4).
(3) (a) Any person who commits an offense against an educator when the educator is acting
within the course of employment is subject to an enhanced degree of offense as provided in
Subsection (4).
(b) As used in Subsection (3)(a), "offense" means an offense under Title 76, Chapter 5,
Offenses Against The Person; and
(c) an offense under Title 76, Chapter 6, Part 3, Robbery.
(4) The enhanced degree of offense for offenses committed under this section are:
(a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
(b) if the offense is otherwise a class A misdemeanor it is a third degree felony;

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(c) if the offense is otherwise a third degree felony it is a second degree felony; or
(d) if the offense is otherwise a second degree felony it is a first degree felony.
(5) The enhanced penalty for a first degree felony offense of a convicted person:
(a) shall be imprisonment for a term of not less than five years and which may be for life,
and imposition or execution of the sentence may not be suspended unless the court finds that the
interests of justice would be best served and states the specific circumstances justifying the
disposition on the record; and
(b) shall be subject also to the [firearm] dangerous weapon enhancement provided in Section
76-3-203 except for an offense committed under Subsection (3) that does not involve a firearm.
(6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
notice upon the information or indictment that the defendant is subject to the enhanced degree of
offense or penalty under Subsection (4) or (5). The notice shall be in a clause separate from and in
addition to the substantive offense charged.
(b) If the notice is not included initially, the court may subsequently allow the prosecutor
to amend the charging documents to include the notice if the court finds the charging document,
including any statement of probable cause, provide notice to the defendant of the allegation he
committed the offense on or about school premises, or if the court finds the defendant has not
otherwise been substantially prejudiced by the omission.
(7) In cases where an offense is enhanced [by a degree] pursuant to Subsection (4)(a), (b),
(c), or (d), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not
involve a firearm, the convicted person shall not be subject [also to the firearm] to the dangerous
weapon enhancement [contained] in Section 76-3-203.
Section 4. Section 76-5-107.5 is amended to read:
76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
(1) "Hazing" means any action or situation that, for the purpose of initiation, admission into,
affiliation with, or as a condition for continued membership in any organization:
(a) recklessly or intentionally endangers the mental or physical health or safety of any
person;

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(b) willfully destroys or removes public or private property;
(c) involves any brutality of a physical nature such as whipping, beating, branding, forced
calisthenics, or exposure to the elements;
(d) involves forced consumption of any food, liquor, drug, or other substance or any other
forced physical activity that could adversely affect the physical health and safety of the individual;
(e) involves any activity that would subject the individual to extreme mental stress, such as
sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme
embarrassment, or any other forced activity that could adversely affect the mental health or dignity
of the individual; or
(f) involves brutality toward or willful mistreatment of any animal.
(2) Under Subsection (1) any activity as described upon which the initiation, admission into,
affiliation with, or continued membership in an organization is directly or indirectly conditioned is
presumed to be "forced."
(3) An actor who recklessly, knowingly, or intentionally hazes another is guilty of a:
(a) class B misdemeanor if there are no aggravating circumstances;
(b) class A misdemeanor if the act of hazing involves the operation or other use of a motor
vehicle;
(c) third degree felony if the act of hazing involves the use of a [deadly or] dangerous
weapon as defined in Section 76-1-601;
(d) third degree felony if the hazing results in serious bodily injury to a person; or
(e) second degree felony if hazing under Subsection (d) involves the use of a [deadly or]
dangerous weapon as defined in Section 76-1-601.
(4) A person who in good faith reports or participates in reporting of an alleged hazing is not
subject to any civil or criminal liability regarding the reporting.
Section 5. Section 76-5-109 is amended to read:
76-5-109. Child abuse -- Penalties.
(1) As used in this section:
(a) "Child" means a human being who is 17 years of age or less.

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(b) "Physical injury" means an injury to or condition of a child which impairs the physical
condition of the child, including:
(i) a bruise or other contusion of the skin;
(ii) a minor laceration or abrasion;
(iii) failure to thrive or malnutrition; or
(iv) any other condition which imperils the child's health or welfare and which is not a
serious physical injury as defined in this section.
(c) "Serious physical injury" means any physical injury or set of injuries which seriously
impairs the child's health, or which involves physical torture or causes serious emotional harm to the
child, or which involves a substantial risk of death to the child, including:
(i) fracture of any bone or bones;
(ii) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
shaking, or causing the child's head to impact with an object or surface;
(iii) any burn, including burns inflicted by hot water, or those caused by placing a hot object
upon the skin or body of the child;
(iv) any injury caused by use of a [deadly or] dangerous weapon as defined in Section
76-1-601;
(v) any combination of two or more physical injuries inflicted by the same person, either at
the same time or on different occasions;
(vi) any damage to internal organs of the body;
(vii) any conduct toward a child which results in severe emotional harm, severe
developmental delay or retardation, or severe impairment of the child's ability to function;
(viii) any injury which creates a permanent disfigurement or protracted loss or impairment
of the function of a bodily member, limb, or organ;
(ix) any conduct which causes a child to cease breathing, even if resuscitation is successful
following the conduct; or
(x) any conduct which results in starvation or failure to thrive or malnutrition that
jeopardizes the child's life.

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(2) Any person who inflicts upon a child serious physical injury or, having the care or
custody of such child, causes or permits another to inflict serious physical injury upon a child is
guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a felony of the second degree;
(b) if done recklessly, the offense is a felony of the third degree; or
(c) if done with criminal negligence, the offense is a class A misdemeanor.
(3) Any person who inflicts upon a child physical injury or, having the care or custody of
such child, causes or permits another to inflict physical injury upon a child is guilty of an offense
as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; or
(c) if done with criminal negligence, the offense is a class C misdemeanor.
(4) Criminal actions under this section may be prosecuted in the county or district where the
offense is alleged to have been committed, where the existence of the offense is discovered, where
the victim resides, or where the defendant resides.
Section 6. Section 76-5-111 is amended to read:
76-5-111. Abuse, neglect, or exploitation of a disabled or elder adult -- Penalties.
(1) As used in this section:
(a) "Abuse" means:
(i) attempting to cause, or causing physical harm;
(ii) placing another in fear of imminent physical harm;
(iii) physical injury caused by acts or omissions;
(iv) unlawful detention or unreasonable confinement;
(v) gross lewdness; or
(vi) deprivation of life-sustaining treatment, except:
(A) as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or
(B) when informed consent has been obtained.
(b) "Business relationship" means a relationship between two or more individuals or entities

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where there exists an oral or written agreement for goods or services.
(c) "Caretaker" means any person, corporation, or public institution that has assumed by
relationship, contract, or court order the responsibility to provide a disabled or elder adult with food,
shelter, clothing, medical care, or other necessities.
(d) "Deception" means:
(i) a misrepresentation or concealment:
(A) of a material fact relating to services rendered, disposition of property, or use of property
intended to benefit a disabled or elder adult;
(B) of the terms of a contract or agreement entered into with a disabled or elder adult; or
(C) relating to the existing or preexisting condition of any property involved in a contract
or agreement entered into with a disabled or elder adult; or
(ii) the use or employment of any misrepresentation, false pretense, or false promise in order
to induce, encourage, or solicit a disabled or elder adult to enter into a contract or agreement.
(e) "Disabled adult" means a person 18 years of age or older who is impaired because of
mental illness, mental deficiency, physical illness or disability, or other cause to the extent that the
person lacks sufficient understanding or capacity to make or communicate informed decisions
concerning his person, or is unable to care for his own personal safety or provide necessities such
as food, shelter, clothing, or medical care, without which physical injury or illness may occur. A
person who is, in good faith, under treatment solely of a spiritual means, through prayer, in
accordance with the tenets and practices of a recognized church or religious denomination, and by
an accredited practitioner thereof, shall not be considered a disabled adult for that reason alone.
(f) "Elder adult" means a person who is 65 years of age or older.
(g) "Endeavor" means to attempt or try.
(h) "Informed consent" means:
(i) a written expression by the person or authorized by the person, stating that he fully
understands the potential risks and benefits of the withdrawal of food, water, medication, medical
services, shelter, cooling, heating, or other services necessary to maintain minimum physical or
mental health, and that he desires that the services be withdrawn. A written expression is valid only

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if the person is of sound mind when the consent is given, and the consent is witnessed by at least two
individuals who do not benefit from the withdrawal of services; or
(ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating,
or other services necessary to maintain minimum physical or mental health, as permitted by court
order.
(i) "Intimidation" means communication by word or act to a disabled or elder adult that he
will be deprived of money, food, clothing, medicine, shelter, supervision, or medical services, or that
he will suffer physical violence.
(j) "Lacks capacity to consent" means an impairment by reason of mental illness,
developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs,
chronic intoxication, short-term memory loss, or other cause to the extent that a disabled or elder
adult lacks sufficient understanding of the nature or consequences of decisions concerning his person
or property.
(k) "Neglect" means:
(i) the failure of a caretaker to provide habilitation, care, nutrition, clothing, shelter,
supervision, or medical care; or
(ii) a pattern of conduct, without the disabled or elder adult's informed consent, resulting in
deprivation of food, water, medication, medical services, shelter, cooling, heating, or other services
necessary to maintain minimum physical or mental health.
(l) "Physical injury" means the impairment of physical condition and includes any skin
bruising, pressure sores, bleeding, malnutrition, dehydration, burns, bone fracture, subdural
hematoma, soft tissue swelling, injury to any internal organ, or any physical condition that imperils
the health or welfare of the disabled or elder adult and that is not a serious physical injury.
(m) "Position of trust and confidence" means the position of a person who:
(i) is a parent, spouse, adult child, or other relative by blood or marriage of a disabled or
elder adult;
(ii) is a joint tenant or tenant in common with a disabled or elder adult;
(iii) has a legal or fiduciary relationship with a disabled or elder adult, including a

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court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(iv) is a caretaker of a disabled or elder adult.
(n) "Serious physical injury" means any physical injury or set of physical injuries that:
(i) seriously impairs a disabled or elder adult's health;
(ii) was caused by use of a [deadly or] dangerous weapon as defined in Section 76-1-601;
(iii) involves physical torture or causes serious emotional harm to a disabled or elder adult;
or
(iv) creates a reasonable risk of death.
(o) "Sexual exploitation" means the production, distribution, possession, or possession with
the intent to distribute material or a live performance depicting a nude or partially nude disabled or
elder adult who lacks the capacity to consent, for the purpose of sexual arousal of any person.
(2) Under any circumstances likely to produce death or serious physical injury, any person,
including a caretaker, who causes a disabled or elder adult to suffer serious physical injury or, having
the care or custody of a disabled or elder adult, causes or permits that adult's person or health to be
injured, or causes or permits a disabled or elder adult to be placed in a situation where his person or
health is endangered, is guilty of the offense of aggravated abuse of a disabled or elder adult as
follows:
(a) if done intentionally or knowingly, the offense is a second degree felony;
(b) if done recklessly, the offense is third degree felony; and
(c) if done with criminal negligence, the offense is a class A misdemeanor.
(3) Under circumstances other than those likely to produce death or serious physical injury
any person, including a caretaker, who causes a disabled or elder adult to suffer physical injury,
abuse, or neglect, or having the care or custody of a disabled or elder adult, causes or permits that
adult's person or health to be injured, abused, or neglected, or causes or permits a disabled or elder
adult to be placed in a situation where his person or health is endangered, is guilty of the offense of
abuse of a disabled or elder adult as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; and

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(c) if done with criminal negligence, the offense is a class C misdemeanor.
(4) (a) A person commits the offense of exploitation of a disabled or elder adult when the
person:
(i) is in a position of trust and confidence, or has a business relationship, with the disabled
or elder adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain
or use, the disabled or elder adult's funds, credit, assets, or other property with the intent to
temporarily or permanently deprive the disabled or elder adult of the use, benefit, or possession of
his property, for the benefit of someone other than the disabled or elder adult;
(ii) knows or should know that the disabled or elder adult lacks the capacity to consent, and
obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring
to obtain or use, the disabled or elder adult's funds, assets, or property with the intent to temporarily
or permanently deprive the disabled or elder adult of the use, benefit, or possession of his property
for the benefit of someone other than the disabled or elder adult;
(iii) unjustly or improperly uses or manages the resources of a disabled or elder adult for the
profit or advantage of someone other than the disabled or elder adult;
(iv) unjustly or improperly uses a disabled or elder adult's power of attorney or guardianship
for the profit or advantage of someone other than the disabled or elder adult;
(v) involves a disabled or elder adult who lacks the capacity to consent in the facilitation or
furtherance of any criminal activity; or
(vi) commits sexual exploitation of a disabled or elder adult.
(b) A person is guilty of the offense of exploitation of a disabled or elder adult as follows:
(i) if done intentionally or knowingly and the aggregate value of the resources used or the
profit made is or exceeds $5,000, the offense is a second degree felony;
(ii) if done intentionally or knowingly and the aggregate value of the resources used or the
profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
(iii) if done recklessly, the offense is a class A misdemeanor; or
(iv) if done with criminal negligence, the offense is a class B misdemeanor.
(5) It does not constitute a defense to a prosecution for any violation of this section that the

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accused did not know the age of the victim.
Section 7. Section 76-5-405 is amended to read:
76-5-405. Aggravated sexual assault -- Penalty.
(1) A person commits aggravated sexual assault if in the course of a rape or attempted rape,
object rape or attempted object rape, forcible sodomy or attempted forcible sodomy, or forcible
sexual abuse or attempted forcible sexual abuse the actor:
(a) causes bodily injury to the victim;
(b) uses or threatens the victim [by] with use of a dangerous weapon as defined in Section
76-1-601;
(c) compels, or attempts to compel, the victim to submit to rape, object rape, forcible
sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be
inflicted imminently on any person; or
(d) is aided or abetted by one or more persons.
(2) Aggravated sexual assault is a first degree felony punishable by imprisonment for an
indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is
mandatory in accordance with Section 76-3-406.
Section 8. Section 76-6-412 is amended to read:
76-6-412. Theft -- Classification of offenses -- Penalties -- Action for treble damages
against receiver of stolen property.
(1) Theft of property and services as provided in this chapter shall be punishable:
(a) as a felony of the second degree if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle;
(iii) actor is armed with a [deadly] dangerous weapon, as defined in Section 76-1-601, at the
time of the theft; or
(iv) property is stolen from the person of another;
(b) as a felony of the third degree if the:
(i) value of the property or services is or exceeds $1,000 but is less than $5,000;

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(ii) actor has been twice before convicted of theft, any robbery, or any burglary with intent
to commit theft; or
(iii) property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep,
goat, mule, jack, jenny, swine, or poultry;
(c) as a class A misdemeanor if the value of the property stolen is or exceeds $300 but is less
than $1,000; or
(d) as a class B misdemeanor if the value of the property stolen is less than $300.
(2) Any person who has been injured by a violation of Subsection 76-6-408(1) may bring
an action against any person mentioned in Subsection 76-6-408(2)(d) for three times the amount of
actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorneys' fees.
Section 9. Section 76-8-309 is amended to read:
76-8-309. Escape and aggravated escape -- Penalties -- Consecutive sentences --
Definitions.
(1) A prisoner is guilty of escape if he leaves official custody without authorization.
(2) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a
dangerous weapon [or facsimile thereof], as defined in Section 76-1-601, or causes serious bodily
injury to another.
(3) Aggravated escape is a first degree felony.
(4) Any other escape is a third degree felony.
(5) Any prison term imposed upon a prisoner for escape under this section shall run
consecutively with any other sentence.
(6) For the purposes of this part:
(a) "Confinement" means:
(i) housed in a state prison after being sentenced and committed and the sentence has not
been terminated or voided or the prisoner is not on parole;
(ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail
after sentencing and commitment and the sentence has not been terminated or voided or the prisoner
is not on parole; or

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(iii) lawfully detained following arrest.
(b) "Official custody" means arrest, whether with or without warrant, or confinement in a
state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
pursuant to an order of the court or sentenced and committed and the sentence has not been
terminated or voided or the prisoner is not on parole. A person is considered confined in the state
prison if he:
(i) without authority fails to return to his place of confinement from work release or home
visit by the time designated for return;
(ii) is in prehearing custody after arrest for parole violation;
(iii) is being housed in a county jail, after felony commitment, pursuant to a contract with
the Department of Corrections; or
(iv) is being transported as a prisoner in the state prison by correctional officers.
(c) "Prisoner" means any person who is in official custody and includes persons under
[trusty] trustee status.
Section 10. Section 76-8-310 is amended to read:
76-8-310. Aiding escape -- Penalties.
(1) A person is guilty of aiding escape if:
(a) the person aids another person to escape from official custody as defined in Section
76-8-309; or
(b) the person knowingly provides a person in official custody with an item which may
facilitate the escape of such person; or
(c) being a person in official custody, the person knowingly procures, makes, or possesses
an item which may facilitate escape.
(2) An offense under this section is a second degree felony if:
(a) the actor is a public servant whose duty is to detain persons arrested for offenses or
convictions of crime who knowingly facilitates, aids, or permits an escape from official custody; or
(b) the person provides a dangerous weapon, as defined in Section 76-1-601, to facilitate the
escape; or

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(c) the person causes serious bodily injury to another to aid the escape.
(3) Any other offense under this section is a third degree felony.
Section 11. Section 76-9-101 is amended to read:
76-9-101. Riot -- Penalties.
(1) A person is guilty of riot if:
(a) simultaneously with two or more other persons he engages in tumultuous or violent
conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or
(b) he assembles with two or more other persons with the purpose of engaging, soon
thereafter, in tumultuous or violent conduct, knowing, that two or more other persons in the
assembly have the same purpose; or
(c) he assembles with two or more other persons with the purpose of committing an offense
against a person or property of another who he supposes to be guilty of a violation of law, believing
that two or more other persons in the assembly have the same purpose.
(2) Any person who refuses to comply with a lawful order to withdraw given to him
immediately prior to, during, or immediately following a violation of [paragraph] Subsection (1) is
guilty of riot. It is no defense to a prosecution under this [paragraph] Subsection (2) that withdrawal
must take place over private property; provided, however, that no persons so withdrawing shall incur
criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
(3) Riot is a felony of the third degree if, in the course of and as a result of the conduct, any
person suffers bodily injury, or substantial property damage, arson occurs or the defendant was
armed with a [deadly] dangerous weapon, as defined in Section 76-1-601; otherwise it is a class B
misdemeanor.
Section 12. Section 76-10-503 is amended to read:
76-10-503. Purchase or possession of dangerous weapon/handgun -- Persons not
permitted to have -- Penalties.
(1) (a) Any person who has been convicted of any crime of violence under the laws of the
United States, this state, or any other state, government, or country, or who is addicted to the use of
any narcotic drug, or who has been declared mentally incompetent may not own or have in his

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possession or under his custody or control any dangerous weapon as defined in [this part] Section
76-10-501.
(b) Any person who violates this subsection is guilty of a class A misdemeanor, and if the
dangerous weapon is a firearm or sawed-off shotgun, he is guilty of a third degree felony.
(2) (a) Any person who is on parole or probation for a felony may not have in his possession
or under his custody or control any dangerous weapon as defined in [this part] Section 76-10-501.
(b) Any person who violates this subsection is guilty of a third degree felony, but if the
dangerous weapon is a firearm, explosive, or incendiary device he is guilty of a second degree
felony.
(3) (a) A person may not purchase, possess, or transfer any handgun described in this part
who:
(i) has been convicted of any felony offense under the laws of the United States, this state,
or any other state;
(ii) is under indictment;
(iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
(iv) is a drug dependent person as defined in Section 58-37-2;
(v) has been adjudicated as mentally defective, as provided in the Brady Handgun Violence
Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental
institution;
(vi) is an alien who is illegally or unlawfully in the United States;
(vii) has been discharged from the Armed Forces under dishonorable conditions; or
(viii) is a person who, having been a citizen of the United States, has renounced such
citizenship.
(b) Any person who violates this Subsection (3) is guilty of a third degree felony.
Section 13. Section 76-10-504 is amended to read:
76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
(a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501,

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which is not a firearm on his person or one that is readily accessible for immediate use which is not
securely encased, as defined in this part, in a place other than his residence, property, or business
under his control is guilty of a class B misdemeanor[.]; and
(b) a person without a valid concealed firearm permit who carries a concealed dangerous
weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor, but
if the firearm contains ammunition the person is guilty of a class A misdemeanor.
(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a
second degree felony.
(3) If the concealed firearm is used in the commission of a crime of violence as defined in
Section 76-10-501, and the person is a party to the offense, the person is guilty of a second degree
felony.
(4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of
protected or unprotected wildlife as defined in Title 23, Fish and Game, from carrying a concealed
weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of
wildlife does not occur:
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section 41-6-1.
Section 14. Section 76-10-505.5 is amended to read:
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or
about school premises -- Penalties.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as
those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable
cause to believe, is on or about school premises.
(2) (a) Possession of a dangerous weapon on or about school premises is a class B
misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
misdemeanor.
(3) This section applies to any person, except persons authorized to possess a firearm as

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provided under Sections 53-5-704, 53-5-705, 53A-3-502, [76-10-510,] 76-10-511, 76-10-523, [and]
Subsection 76-10-504(2), and as otherwise authorized by law.
(4) This section does not prohibit prosecution of a more serious weapons offense that may
occur on or about school premises.
Section 15. Section 76-10-1504 is amended to read:
76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
dangerous weapon or firearm -- Penalties.
(1) A person is guilty of bus hijacking if he seizes or exercises control, by force or violence
or threat of force or violence, of any bus within the state. Bus hijacking is a first degree felony.
(2) A person is guilty of assault with the intent to commit bus hijacking if he intimidates,
threatens, or commits assault or battery toward any driver, attendant, guard, or any other person in
control of a bus so as to interfere with the performance of duties by such person. Assault with the
intent to commit bus hijacking is a second degree felony.
(3) Any person who, in the commission of assault with intent to commit bus hijacking,
[employs] uses a dangerous weapon [or firearm], as defined in Section 76-1-601, is guilty of a first
degree felony.
(4) Any person who boards a bus with a concealed dangerous weapon or firearm upon his
person or effects is guilty of a second degree felony. The prohibition of this Subsection (4) does not
apply to elected or appointed law enforcement officers or commercial security personnel who are
in possession of weapons or firearms used in the course and scope of their employment, or a person
licensed to carry a concealed weapon; nor shall the prohibition apply to persons in possession of
weapons or firearms with the consent of the owner of the bus or his agent, or the lessee or bailee of
the bus.

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