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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding assault and related offenses.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes the reference to a threat accompanied by force or violence from the current
13 assault offense;
14 ▸ modifies the offense of aggravated assault to include as an element:
15 • the reference to a threat accompanied by force or violence;
16 • an attempt, with unlawful force or violence, to do bodily injury; or
17 • an act committed with unlawful force or violence that causes injury or creates a
18 substantial risk of injury; and
19 ▸ modifies the offense of a threat of violence to include the element of a threat
20 accompanied by immediate force or violence to do bodily injury.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 76-5-102, as last amended by Laws of Utah 2003, Chapter 109
28 76-5-103, as last amended by Laws of Utah 2010, Chapter 193
29 76-5-107, as last amended by Laws of Utah 2010, Chapter 334
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-5-102 is amended to read:
33 76-5-102. Assault -- Penalties.
34 (1) Assault is:
35 (a) an attempt, with unlawful force or violence, to do bodily injury to another; or
36 [
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38 [
39 another or creates a substantial risk of bodily injury to another.
40 (2) Assault is a class B misdemeanor.
41 (3) Assault is a class A misdemeanor if:
42 (a) the person causes substantial bodily injury to another; or
43 (b) the victim is pregnant and the person has knowledge of the pregnancy.
44 (4) It is not a defense against assault, that the accused caused serious bodily injury to
45 another.
46 Section 2. Section 76-5-103 is amended to read:
47 76-5-103. Aggravated assault -- Penalties.
48 [
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50 (1) Aggravated assault is an actor's conduct:
51 (a) that is:
52 (i) an attempt, with unlawful force or violence, to do bodily injury to another;
53 (ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury
54 to another; or
55 (iii) an act, committed with unlawful force or violence, that causes bodily injury to
56 another or creates a substantial risk of bodily injury to another; and
57 (b) that includes the use of:
58 [
59 [
60 (2) (a) A violation of Subsection (1) is a third degree felony, except under Subsection
61 (2)(b).
62 (b) A violation of Subsection (1) that results in serious bodily injury is a second degree
63 felony.
64 Section 3. Section 76-5-107 is amended to read:
65 76-5-107. Threat of violence -- Penalty.
66 (1) A person commits a threat of violence if:
67 (a) the person threatens to commit any offense involving bodily injury, death, or
68 substantial property damage, and acts with intent to place a person in fear of imminent serious
69 bodily injury, substantial bodily injury, or death[
70 (b) the person makes a threat, accompanied by a show of immediate force or violence,
71 to do bodily injury to another.
72 (2) A violation of this section is a class B misdemeanor.
73 (3) It is not a defense under this section that the person did not attempt to or was
74 incapable of carrying out the threat.
75 (4) A threat under this section may be express or implied.
76 (5) A person who commits an offense under this section is subject to punishment for
77 that offense, in addition to any other offense committed, including the carrying out of the
78 threatened act.
79 (6) In addition to any other penalty authorized by law, a court shall order any person
80 convicted of any violation of this section to reimburse any federal, state, or local unit of
81 government, or any private business, organization, individual, or entity for all expenses and
82 losses incurred in responding to the violation, unless the court states on the record the reasons
83 why the reimbursement would be inappropriate.
Legislative Review Note
as of 1-26-15 6:36 PM
Office of Legislative Research and General Counsel