Utah criminal charge
Assault or threat of violence against a military service member or a family member of a military service member in Utah
Assault or threat of violence against a military service member or a family member of a military service member is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-102.10. 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. § 76-5-102.10.
What is the penalty for assault or threat of violence against a military service member or a family member of a military service member in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Base offense — A violation of Subsection (2) is a class A misdemeanor, except as provided in Subsection (3)(b) or (c).; 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)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Base offense — A violation of Subsection (2) is a class A misdemeanor, except as provided in Subsection (3)(b) or (c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Prior conviction or substantial bodily injury — The violation is a third degree felony if the actor has a prior class A misdemeanor or felony conviction under this section or under assault/threat of violence against a peace officer, or causes substantial bodily injury, except as provided in Subsection (3)(c).; indeterminate prison term, 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 $5,000 (Prior conviction or substantial bodily injury — The violation is a third degree felony if the actor has a prior class A misdemeanor or felony conviction under this section or under assault/threat of violence against a peace officer, or causes substantial bodily injury, except as provided in Subsection (3)(c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Use of dangerous weapon or deadly force — The violation is a second degree felony if the actor uses a dangerous weapon or other means or force likely to produce death or serious bodily injury.; indeterminate prison term, 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 (Use of dangerous weapon or deadly force — The violation is a second degree felony if the actor uses a dangerous weapon or other means or force likely to produce death or serious bodily injury.; 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 assault or threat of violence against a military service member or a family member of a military service member classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor, except as provided in Subsection (3)(b) or (c). | Utah Code Ann. § 76-5-102.10(3)(a) |
| Prior conviction or substantial bodily injury | Third Degree Felony | The violation is a third degree felony if the actor has a prior class A misdemeanor or felony conviction under this section or under assault/threat of violence against a peace officer, or causes substantial bodily injury, except as provided in Subsection (3)(c). | Utah Code Ann. § 76-5-102.10(3)(b) |
| Use of dangerous weapon or deadly force | Second Degree Felony | The violation is a second degree felony if the actor uses a dangerous weapon or other means or force likely to produce death or serious bodily injury. | Utah Code Ann. § 76-5-102.10(3)(c) |
Common questions about assault or threat of violence against a military service member or a family member of a military service member in Utah
Is assault or threat of violence against a military service member or a family member of a military service member a felony or a misdemeanor in Utah?
It depends on the circumstances: assault or threat of violence against a military service member or a family member of a military service member ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-102.10.
Base offense: Class A Misdemeanor (Utah Code Ann. § 76-5-102.10(3)(a)) · Prior conviction or substantial bodily injury: Third Degree Felony (Utah Code Ann. § 76-5-102.10(3)(b)) · Use of dangerous weapon or deadly force: Second Degree Felony (Utah Code Ann. § 76-5-102.10(3)(c))
What are the penalties for assault or threat of violence against a military service member or a family member of a military service member in Utah?
Penalties for assault or threat of violence against a military service member or a family member of a military service member in Utah depend on how it is classified — from a Class A Misdemeanor up to a Second 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 assault or threat of violence against a military service member or a family member of a military service member?
Assault or threat of violence against a military service member or a family member of a military service member is governed by Utah Code Ann. § 76-5-102.10 (Assault or threat of violence against a military service member or a family member of a military service member).
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.