H.B. 238 Enrolled

CRIMINAL PENALTY FOR COMMITTING
OFFENSE WHEN USING BODY ARMOR
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Duane E. Bourdeaux
This act modifies the Criminal Code to provide an increased sentence for a person convicted
of a violent felony if the person used a dangerous weapon and body armor in commission of
the felony.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
76-3-203.7, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-3-203.7 is enacted to read:
76-3-203.7. Increase of sentence for violent felony if body armor used.
(1) As used in this section:
(a) "Body armor" means any material designed or intended to provide bullet penetration
resistance or protection from bodily injury caused by a dangerous weapon.
(b) "Dangerous weapon" has the same definition as in Section 76-1-601 .
(c) "Violent felony" has the same definition as in Section 76-3-203.5 .
(2) A person convicted of a violent felony may be sentenced to imprisonment for an
indeterminate term, as provided in Section 76-3-203 , but if the trier of fact finds beyond a
reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used
or wore body armor, with the intent to facilitate the commission of the violent felony, and the
violent felony is:
(a) a first degree felony, the court shall sentence the person convicted for a term of not less
than six years, and which may be for life;
(b) a second degree felony, the court shall sentence the person convicted for a term of not
less than two years nor more than 15 years, and the court may sentence the person convicted for
a term of not less than two years nor more than 20 years; and

(c) a third degree felony, the court shall sentence the person convicted for a term of not less
than one year nor more than five years, and the court may sentence the person convicted for a term
of not less than one year nor more than ten years.

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