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Utah criminal charge

Accident involving injury or death in Utah

Current through 2026 Utah legislative session

Accident involving injury or death is a criminal offense under Utah law, defined by Utah Code Ann. § 41-6a-401.3. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Utah Code Ann. § 41-6a-401.3.

What is the penalty for accident involving injury or death in Utah?

Penalties for Accident involving injury or death
PenaltyRangeBasisAuthority
Jail / prisonClass A misdemeanor - accident resulting in injury — The accident resulted in injury to an individual, unless the third or second degree felony provisions apply.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Class A misdemeanor - accident resulting in injury — The accident resulted in injury to an individual, unless the third or second degree felony provisions apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 5 years (Third degree felony - repeat violations or prior related convictions — The operator has two or more prior violations of this offense within 10 years, or has a prior felony conviction under this section, a prior DUI conviction, or a prior conviction under specified related offenses, unless the second degree felony provisions apply.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Third degree felony - repeat violations or prior related convictions — The operator has two or more prior violations of this offense within 10 years, or has a prior felony conviction under this section, a prior DUI conviction, or a prior conviction under specified related offenses, unless the second degree felony provisions apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is accident involving injury or death classified in Utah?

The classification depends on the circumstances:

Classification variants for Accident involving injury or death
VariantClassificationWhen it appliesStatute
Class A misdemeanor - accident resulting in injuryClass A MisdemeanorThe accident resulted in injury to an individual, unless the third or second degree felony provisions apply.Utah Code Ann. § 41-6a-401.3(4)(a)
Third degree felony - repeat violations or prior related convictionsThird Degree FelonyThe operator has two or more prior violations of this offense within 10 years, or has a prior felony conviction under this section, a prior DUI conviction, or a prior conviction under specified related offenses, unless the second degree felony provisions apply.Utah Code Ann. § 41-6a-401.3(4)(b)

Common questions about accident involving injury or death in Utah

Is accident involving injury or death a felony or a misdemeanor in Utah?

It depends on the circumstances: accident involving injury or death ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 41-6a-401.3.

Class A misdemeanor - accident resulting in injury: Class A Misdemeanor (Utah Code Ann. § 41-6a-401.3(4)(a)) · Third degree felony - repeat violations or prior related convictions: Third Degree Felony (Utah Code Ann. § 41-6a-401.3(4)(b))

What are the penalties for accident involving injury or death in Utah?

Penalties for accident involving injury or death in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.

Which Utah statute covers accident involving injury or death?

Accident involving injury or death is governed by Utah Code Ann. § 41-6a-401.3 (Accident involving injury or death - Stop at accident - Penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.