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H.B. 70 Enrolled
This act modifies the Criminal Code by clarifying that the elements of the offense of
assault may include an unlawful or violent act that creates a substantial risk of bodily
injury or an act that does cause bodily injury.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-5-102, as last amended by Chapter 170, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-102 is amended to read:
76-5-102. Assault.
(1) Assault is:
(a) an attempt, with unlawful force or violence, to do bodily injury to another;
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury
to another; or
(c) an act, committed with unlawful force or violence, that causes bodily injury to
another or creates a substantial risk of bodily injury to another.
(2) Assault is a class B misdemeanor.
(3) Assault is a class A misdemeanor if:
(a) the person causes substantial bodily injury to another; or
(b) the victim is pregnant and the person has knowledge of the pregnancy.
(4) It is not a defense against assault, that the accused caused serious bodily injury to
another.
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