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4
76-5-102
76-5-103
0
Assault Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Kristen Chevrier
LONG TITLE
General Description:
This bill amends the offenses of assault and aggravated assault to address the use of a
chokehold.
Highlighted Provisions:
This bill:
defines terms;
provides that a chokehold under certain circumstances does not constitute the offense of
assault or aggravated assault; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-102
, as last amended by Laws of Utah 2022, Chapter 181
76-5-103
, as last amended by Laws of Utah 2024, Chapter 319
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)
(a)
As used in this section, "chokehold" means a restraining hold in which one
individual encircles the neck of another individual in a viselike grip using an arm.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits assault if the actor:
(a)
attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
(b)
commits an act, with unlawful force or violence, that:
(i)
causes bodily injury to an individual; or
(ii)
creates a substantial risk of bodily injury to an individual.
(3)
(a)
A
Except as provided in Subsection
(3)(b)
, a
violation of Subsection
(2)
is a
class B misdemeanor.
(b)
Notwithstanding Subsection
(3)(a)
, a
A
violation of Subsection
(2)
is a class A
misdemeanor if:
(i)
the actor causes substantial bodily injury to an individual; or
(ii)
the individual is pregnant and the actor has knowledge of the pregnancy.
(4)
The fact that the actor caused serious bodily injury to an individual is not a defense to a
violation of this section.
(5)
This section does not apply to an actor's use of a chokehold on another individual if:
(a)
the chokehold is done as part of training for, or participating in, a practice or sport in
which a chokehold is a known and acceptable practice, including martial arts,
wrestling, or mixed martial arts; and
(b)
the other individual is also training for, or participating in, the same practice or sport
in which a chokehold is a known and acceptable practice.
Section 2. Section
76-5-103
is amended to read:
76-5-103
. Aggravated assault.
(1)
(a)
As used in this section
, "targeting
:
(i)
"Chokehold" means the same as that term is defined in Section
76-5-102
.
(ii)
"Targeting
a law enforcement officer" means the same as that term is defined in
Section
76-5-202
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits aggravated assault if:
(a)
(i)
the actor attempts, with unlawful force or violence, to do bodily injury to
another;
(ii)
the actor makes a threat, accompanied by a show of immediate force or violence,
to do bodily injury to another; or
(iii)
the actor commits an act, committed with unlawful force or violence, that causes
bodily injury to another or creates a substantial risk of bodily injury to another; and
(b)
the actor's conduct described in Subsection
(2)(a)
includes:
(i)
the use of:
(A)
a dangerous weapon; or
(B)
a motor vehicle;
(ii)
any act that intentionally or knowingly impedes the breathing or the circulation of
blood of another individual by the actor's use of unlawful force or violence
by:
(A)
applying pressure to the neck or throat of an individual; or
(B)
obstructing the nose, mouth, or airway of an individual; or
(iii)
other means or force likely to produce death or serious bodily injury.
(3)
(a)
A
Except as provided in Subsection
(3)(b)
or
(c)
, a
violation of Subsection
(2)
is
a third degree felony.
(b)
Notwithstanding Subsection (3)(a),
Except as provided in Subsection
(3)(c)
,
a
violation of Subsection
(2)
is a second degree felony if:
(i)
the act results in serious bodily injury; or
(ii)
an act under Subsection
(2)(b)(ii)
produces a loss of consciousness.
(c)
Notwithstanding Subsection (3)(a) or (b), a
A
violation of Subsection
(2)
is a first
degree felony if the conduct constitutes targeting a law enforcement officer and
results in serious bodily injury.
(4)
This section does not apply to an actor's use of a chokehold on another individual if:
(a)
the chokehold is done as part of training for, or participating in, a practice or sport in
which a chokehold is a known and acceptable practice, including martial arts,
wrestling, or mixed martial arts; and
(b)
the other individual is also training for, or participating in, the same practice or sport
in which a chokehold is a known and acceptable practice.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-27-26 9:00 AM