This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 29, 2024 at 10:28 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends the crime of aggravated assault.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the crime of aggravated assault when an individual is impeding the
13 breathing or circulation of blood of another individual.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-5-103, as last amended by Laws of Utah 2022, Chapter 181
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-5-103 is amended to read:
24 76-5-103. Aggravated assault -- Penalties.
25 (1) (a) As used in this section, "targeting a law enforcement officer" means the same as
26 that term is defined in Section 76-5-202.
27 (b) Terms defined in Section 76-1-101.5 apply to this section.
28 (2) An actor commits aggravated assault if the actor:
29 (a) (i) attempts, with unlawful force or violence, to do bodily injury to another;
30 (ii) makes a threat, accompanied by a show of immediate force or violence, to do
31 bodily injury to another; or
32 (iii) commits an act, committed with unlawful force or violence, that causes bodily
33 injury to another or creates a substantial risk of bodily injury to another; and
34 (b) includes in the actor's conduct under Subsection (2)(a) the use of:
35 (i) a dangerous weapon;
36 (ii) any act that Ŝ→ intentionally or knowingly ←Ŝ impedes the breathing or the
36a circulation of blood of another individual
37 by the actor's use of unlawful force or violence [
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39 (A) applying pressure to the neck or throat of an individual; or
40 (B) obstructing the nose, mouth, or airway of an individual; or
41 (iii) other means or force likely to produce death or serious bodily injury.
42 (3) (a) A violation of Subsection (2) is a third degree felony.
43 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
44 felony if:
45 (i) the act results in serious bodily injury; or
46 (ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
47 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
48 degree felony if the conduct constitutes targeting a law enforcement officer and results in
49 serious bodily injury.
50 Section 2. Effective date.
51 This bill takes effect on May 1, 2024.