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9
76-3-203.3
76-5-102.4
76-5-102.10
76-5-203
0
Assault or Threat of Violence Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: Matthew H. Gwynn
LONG TITLE
General Description:
This bill addresses the offense of assault or threat of violence against a peace officer or
military service member.
Highlighted Provisions:
This bill:
separates into two statutes the offenses of assault or threat of violence against a peace
officer and assault or threat of violence against a military service member in uniform;
amends the offense of assault or threat of violence against a peace officer to include:
assaults or threats of violence against off-duty peace officers if the actor committed the
offense because of the peace officer's status as a peace officer; and
assaults or threats of violence against family members of a peace officer if the actor
committed the offense because of the peace officer's status as a peace officer;
amends the offense of assault or threat of violence against a military service member in
uniform by:
renaming the offense to assault or threat of violence against a military service member;
including assaults or threats of violence against off-duty military service members and
military service members not in uniform during the assault or threat of violence if the
actor committed the offense because of the military service member's status as a
military service member; and
including assaults or threats of violence against family members of a military service
member if the actor committed the offense because of the military service member's
status as a peace officer; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-203.3
, as last amended by Laws of Utah 2025, Chapters 173, 208
76-5-102.4
, as last amended by Laws of Utah 2023, Chapter 44
76-5-203
, as last amended by Laws of Utah 2025, Chapters 173, 204, 208, and 284
ENACTS:
76-5-102.10
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-3-203.3
is amended to read:
76-3-203.3
. Penalty for hate crimes -- Civil rights violation.
As used in this section:
(1)
"Primary offense" means those offenses provided in Subsection
(4)
.
(2)
(a)
A person who commits any primary offense with the intent to intimidate or
terrorize another person or with reason to believe that his action would intimidate or
terrorize that person is subject to Subsection
(2)(b)
.
(b)
(i)
A class C misdemeanor primary offense is a class B misdemeanor; and
(ii)
a class B misdemeanor primary offense is a class A misdemeanor.
(3)
"Intimidate or terrorize" means an act which causes the person to fear for his physical
safety or damages the property of that person or another. The act must be accompanied
with the intent to cause or has the effect of causing a person to reasonably fear to freely
exercise or enjoy any right secured by the Constitution or laws of the state or by the
Constitution or laws of the United States.
(4)
Primary offenses referred to in Subsection
(1)
are the misdemeanor offenses for:
(a)
assault and related offenses under Sections
76-5-102
,
76-5-102.4
,
76-5-102.10
,
76-5-106
,
76-5-107
, and
76-5-108
;
(b)
any misdemeanor property destruction offense under Sections
76-6-102
and
76-6-104
,
and Subsection
76-6-106(2)(a)
;
(c)
any criminal trespass offense under Sections
76-6-204
and
76-6-206
;
(d)
any misdemeanor theft offense under Chapter 6, Offenses Against Property;
(e)
any offense of obstructing government operations under Sections
76-8-301
,
76-8-301.2
,
76-8-302
,
76-8-305
,
76-8-306
,
76-8-307
,
76-8-308
,
76-8-309.2
, and
76-8-313
;
(f)
any offense of interfering or intending to interfere with activities of colleges and
universities under Chapter 8, Part 7, Colleges and Universities;
(g)
any misdemeanor offense against public order and decency as defined in Chapter 9,
Part 1, Breaches of the Peace and Related Offenses, other than Section
76-9-105.5
,
76-9-105.6
,
76-9-110
,
76-9-111
,
76-9-112
,
76-9-113
, or
76-9-114
;
(h)
any telephone abuse offense under Sections
76-12-202
,
76-12-203
,
76-12-204
, and
76-12-206
;
(i)
any cruelty to animals offense under Sections
76-13-202
,
76-13-203
, and
76-13-204
;
(j)
any weapons offense under Section
76-11-207
; or
(k)
a violation of Section
76-9-102
, if the violation occurs at an official meeting.
(5)
This section does not affect or limit any individual's constitutional right to the lawful
expression of free speech or other recognized rights secured by the Constitution or laws
of the state or by the Constitution or laws of the United States.
Section 2. Section
76-5-102.4
is amended to read:
76-5-102.4
. Assault or threat of violence against a peace officer or a family
member of a peace officer.
(1)
(a)
As used in this section:
(i)
"Assault" means an offense under Section
76-5-102
.
(ii)
"Military service member in uniform" means:
(A)
a member of any branch of the United States military who is wearing a
uniform as authorized by the member's branch of service; or
(B)
a member of the National Guard serving as provided in Section
39A-3-103
.
(ii)
"Family member" means an individual's spouse, surviving spouse, parent,
grandparent, sibling, child, or any other individual related to the individual by
consanguinity or affinity to the second degree.
(iii)
"Peace officer" means:
(A)
a law enforcement officer certified under Section
53-13-103
;
(B)
a correctional officer under Section
53-13-104
;
(C)
a special function officer under Section
53-13-105
; or
(D)
a federal officer under Section
53-13-106
.
(iv)
"Threat of violence" means an offense under Section
76-5-107
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
(a)
An actor commits assault
or threat of violence
against a peace officer
or a family
member of a peace officer
if:
(i)
(a)
the actor commits an assault or threat of violence against a peace officer
,
or a
family member of a peace officer;
(b)
with knowledge
the actor knows
that the
peace officer
individual described in
Subsection
(2)(a)
is a peace officer
or a family member of a peace officer
; and
(c)
the assault or threat of violence described in Subsection
(2)(a)
is intentionally
committed:
(i)
against a peace officer at the time the officer is acting within the scope of the
peace officer's authority as a peace officer;
(ii)
against a peace officer because of the peace officer's status as a peace officer; or
(iii)
against a family member of a peace officer because of the peace officer's status
as a peace officer.
(ii)
at the time of the assault or threat of violence, the peace officer was acting within
the scope of authority as a peace officer.
(b)
An actor commits an assault or threat of violence against a military service member
in uniform if:
(i)
the actor commits an assault or threat of violence against a military service
member in uniform; and
(ii)
at the time of the assault or threat of violence, the service member was on orders
and acting within the scope of authority granted to the military service member in
uniform.
(3)
(a)
A
Except as provided in Subsection
(3)(b)
or (c), a
violation of Subsection
(2)
is
a class A misdemeanor.
(b)
Notwithstanding Subsection
(3)(a)
Except as provided in Subsection
(3)(c)
, a
violation of Subsection
(2)
is a third degree felony if the actor:
(i)
has been previously convicted of a class A misdemeanor or a felony violation of
:
(A)
this section
; or
(B)
assault or threat of violence against a military service member as described in
Section
76-5-102.10
; or
(ii)
causes substantial bodily injury.
(c)
Notwithstanding Subsection
(3)(a)
or
(b)
, a
A
violation of Subsection
(2)
is a
second degree felony if the actor uses:
(i)
a dangerous weapon; or
(ii)
other means or force likely to produce death or serious bodily injury.
(4)
This section does not affect or limit any individual's constitutional right to the lawful
expression of free speech, the right of assembly, or any other recognized rights secured
by the Utah Constitution or
laws
state law
, or by the United States Constitution or
federal law.
(5)
An actor who violates this section shall serve, in jail or another correctional facility, a
minimum of:
(a)
90 consecutive days for a second offense; and
(b)
180 consecutive days for each subsequent offense.
(6)
The court may suspend the imposition or execution of the sentence required under
Subsection
(5)
if the court finds that the interests of justice would be best served by the
suspension and the court makes specific findings concerning the disposition on the
record.
Section 3. Section
76-5-102.10
is enacted to read:
76-5-102.10
. Assault or threat of violence against a military service member or a
family member of a military service member.
(1)
(a)
As used in this section:
(i)
"Assault" means an offense under Section
76-5-102
.
(ii)
"Military service member" means:
(A)
a member of any branch of the United States armed forces; or
(B)
a member of the National Guard or State Defense Force.
(iii)
"Threat of violence" means an offense under Section
76-5-107
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits assault or threat of violence against a military service member if:
(a)
the actor commits an assault or threat of violence against a military service member
or a family member of a military service member;
(b)
the actor knows that the individual described in Subsection
(2)(a)
is a military
service member or a family member of a military service member; and
(c)
the assault or threat of violence described in Subsection
(2)(a)
is intentionally
committed:
(i)
against a military service member at the time the military service member is acting
within the scope of the military service member's authority as a military service
member;
(ii)
against a military service member because of the military service member's status
as a military service member; or
(iii)
against a family member of a military service member because of the military
service member's status as a military service member.
(3)
(a)
Except as provided in Subsection
(3)(b)
or
(c)
, a violation of Subsection
(2)
is a
class A misdemeanor.
(b)
Except as provided in Subsection
(3)(c)
, a violation of Subsection
(2)
is a third
degree felony if the actor:
(i)
has been previously convicted of a class A misdemeanor or a felony violation of:
(A)
this section; or
(B)
assault or threat of violence against a peace officer as described in Section
76-5-102.4
; or
(ii)
causes substantial bodily injury.
(c)
A violation of Subsection
(2)
is a second degree felony if the actor uses:
(i)
a dangerous weapon; or
(ii)
other means or force likely to produce death or serious bodily injury.
(4)
This section does not affect or limit any individual's constitutional right to the lawful
expression of free speech, the right of assembly, or any other recognized rights secured
by the Utah Constitution or state law, or by the United States Constitution or federal law.
(5)
An actor who violates this section shall serve, in jail or another correctional facility, a
minimum of:
(a)
90 consecutive days for a second offense; and
(b)
180 consecutive days for each subsequent offense.
(6)
The court may suspend the imposition or execution of the sentence required under
Subsection
(5)
if the court finds that the interests of justice would be best served by the
suspension and the court makes specific findings concerning the disposition on the
record.
Section 4. Section
76-5-203
is amended to read:
76-5-203
. Murder -- Penalties-- Affirmative defense and special mitigation --
Separate offenses. -- Affirmative defense and special mitigation -- Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section
58-37d-4
or
58-37d-5
;
(ii)
aggravated child abuse, under Subsection
76-5-109.2(3)(a)
, when the abused
individual is younger than 18 years old;
(iii)
child torture under Section
76-5-109.4
;
(iv)
kidnapping under Section
76-5-301
;
(v)
child kidnapping under Section
76-5-301.1
;
(vi)
aggravated kidnapping under Section
76-5-302
;
(vii)
rape under Section
76-5-402
;
(viii)
rape of a child under Section
76-5-402.1
;
(ix)
object rape under Section
76-5-402.2
;
(x)
object rape of a child under Section
76-5-402.3
;
(xi)
forcible sodomy under Section
76-5-403
;
(xii)
sodomy upon a child under Section
76-5-403.1
;
(xiii)
forcible sexual abuse under Section
76-5-404
;
(xiv)
sexual abuse of a child under Section
76-5-404.1
;
(xv)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(xvi)
aggravated sexual assault under Section
76-5-405
;
(xvii)
arson under Section
76-6-102
;
(xviii)
aggravated arson under Section
76-6-103
;
(xix)
burglary under Section
76-6-202
;
(xx)
aggravated burglary under Section
76-6-203
;
(xxi)
robbery under Section
76-6-301
;
(xxii)
aggravated robbery under Section
76-6-302
;
(xxiii)
escape under Section
76-8-309
;
(xxiv)
aggravated escape under Section
76-8-309.3
; or
(xxv)
a violation of Section
76-11-209
or
76-11-210
regarding discharge of a firearm
or dangerous weapon.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the
actor knowingly engages in conduct that creates a grave risk of death to another
individual and thereby causes the death of the other individual;
(d)
(i)
the actor is engaged in the commission, attempted commission, or immediate
flight from the commission or attempted commission of any predicate offense, or
is a party to the predicate offense;
(ii)
an individual other than a party described in Section
76-2-202
is killed in the
course of the commission, attempted commission, or immediate flight from the
commission or attempted commission of any predicate offense; and
(iii)
the actor acted with the intent required as an element of the predicate offense;
(e)
the actor recklessly causes the death of a peace officer or military service member
in
uniform
while in the commission or attempted commission of:
(i)
an assault against a peace officer under Section
76-5-102.4
;
(ii)
interference with a peace officer while making a lawful arrest under Section
76-8-305
if the actor uses force against the peace officer; or
(iii)
an assault against a military service member
in uniform
under Section
76-5-102.4
76-5-102.10
; or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is
reduced in accordance with Subsection
76-5-202(4)
.
(3)
(a)
(i)
A violation of Subsection
(2)
is a first degree felony.
(ii)
A defendant who is convicted of murder shall be sentenced to imprisonment for
an indeterminate term of not less than 15 years and which may be for life.
(b)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder,
or alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds that the existence of special mitigation is established
by a preponderance of the evidence and in accordance with Section
76-5-205.5
, the
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall,
notwithstanding Subsection
76-4-102(1)(b)
or
76-4-102(1)(c)
, enter a judgment of
conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the
defendant caused the death of another individual or attempted to cause the death of
another individual under a reasonable belief that the circumstances provided a legal
justification or excuse for the conduct although the conduct was not legally justifiable
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection
(4)(a)
shall be determined from
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder, or
alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds the affirmative defense described in this Subsection
(4)
is not disproven beyond a reasonable doubt, the court shall enter a judgment of
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a
separate offense, may also be convicted of, and punished for, the separate offense.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-22-26 9:06 AM