This document includes House Committee Amendments incorporated into the bill on Fri, Jan 26, 2024 at 10:59 AM by housengrossing.
1     
THREAT OF VIOLENCE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Gricius

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends the threat of violence offense.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds threatening to commit certain sexual offenses to the conduct that qualifies as
13     the threat of violence offense;
14          ▸     repeals a provision regarding reimbursement and restitution; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-5-107, as last amended by Laws of Utah 2022, Chapter 181
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-5-107 is amended to read:
26          76-5-107. Threat of violence -- Penalty.
27          (1) Terms defined in Section 76-1-101.5 apply to this section.
28          (2) [(a)] An actor commits a threat of violence if the actor:
29          [(i)] (a) [(A)] (i) threatens to commit an offense:
30          (A) under Title 76, Chapter 5, Part 4, Sexual Offenses; or
31          (B) involving bodily injury, death, or substantial property damage; and
32          [(B)] (ii) acts with intent to place an individual in Ĥ→ [imminent] ←Ĥ fear [of imminent]:
33          (A) that the actor will Ĥ→ imminently ←Ĥ commit an offense under Title 76, Chapter 5,
33a     Part 4, Sexual
34     Offenses, against the individual; or
35          (B) of Ĥ→ imminent ←Ĥ serious bodily injury, substantial bodily injury, or death; or
36          [(ii)] (b) makes a threat, accompanied by a show of immediate force or violence, to do
37     bodily injury to an individual.
38          [(b) A threat under this section may be express or implied.]
39          (3) (a) A violation of Subsection (2) is a class B misdemeanor.
40          (b) An actor who commits an offense under this section is subject to punishment for
41     that offense, in addition to any other offense committed, including the carrying out of the
42     threatened act.
43          [(c) In addition to any other penalty authorized by law, a court shall order an actor
44     convicted of a violation of this section to reimburse any federal, state, or local unit of
45     government, or any private business, organization, individual, or entity for all expenses and
46     losses incurred in responding to the violation, unless the court states on the record the reasons
47     why the reimbursement would be inappropriate.]
48          (4) It is not a defense under this section that the actor did not attempt to or was
49     incapable of carrying out the threat.
50          (5) A threat under Subsection (2) may be express or implied.
51          Section 2. Effective date.
52          This bill takes effect on May 1, 2024.