Utah criminal charge
Aggravated murder in Utah
Aggravated murder is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-202. 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. § 76-5-202.
What is the penalty for aggravated murder in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Aggravated murder — death penalty notice filed — If a notice of intent to seek the death penalty has been filed, a violation of Subsection (2) is a capital felony.; death; life in prison without parole; or an indeterminate term of not less than 25 years and which may be for life — for offenders 18 or older at the time of the offense; offenders under 18 are not subject to death or life without parole (Utah Code Ann. § 76-3-206) | mandatory | Utah Code Ann. § 76-3-206 |
| Jail / prison | Aggravated murder — no death penalty notice filed — If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Aggravated murder — no death penalty notice filed — If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Aggravated murder — defendant under 18 at time of offense — If the defendant was younger than 18 years old at the time the offense was committed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Aggravated murder — defendant under 18 at time of offense — If the defendant was younger than 18 years old at the time the offense was committed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is aggravated murder classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated murder — death penalty notice filed | Capital Felony | If a notice of intent to seek the death penalty has been filed, a violation of Subsection (2) is a capital felony. | Utah Code Ann. § 76-5-202(3)(a) |
| Aggravated murder — no death penalty notice filed | First Degree Felony | If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7. | Utah Code Ann. § 76-5-202(3)(b) |
| Aggravated murder — defendant under 18 at time of offense | First Degree Felony | If the defendant was younger than 18 years old at the time the offense was committed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7. | Utah Code Ann. § 76-5-202(3)(e) |
Common questions about aggravated murder in Utah
Is aggravated murder a felony or a misdemeanor in Utah?
It depends on the circumstances: aggravated murder ranges from a First Degree Felony to a Capital Felony in Utah under Utah Code Ann. § 76-5-202.
Aggravated murder — death penalty notice filed: Capital Felony (Utah Code Ann. § 76-5-202(3)(a)) · Aggravated murder — no death penalty notice filed: First Degree Felony (Utah Code Ann. § 76-5-202(3)(b)) · Aggravated murder — defendant under 18 at time of offense: First Degree Felony (Utah Code Ann. § 76-5-202(3)(e))
What are the penalties for aggravated murder in Utah?
Which Utah statute covers aggravated murder?
Aggravated murder is governed by Utah Code Ann. § 76-5-202 (Aggravated murder - Penalties - Affirmative defense and special mitigation - Separate offense).
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.