Utah criminal charge
Stalking in Utah
Stalking is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-106.5. 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. § 76-5-106.5.
What is the penalty for stalking in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Stalking - first violation or civil injunction violation — Applies upon the actor's first violation of Subsection (2), or if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions.; 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 (Stalking - first violation or civil injunction violation — Applies upon the actor's first violation of Subsection (2), or if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions.; 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 (Stalking - prior conviction or aggravating relationship/injunction status — Applies if the actor has a prior stalking or substantially similar conviction, a prior related felony conviction involving the same victim or family, violated a permanent criminal stalking injunction, or is/was a cohabitant of the victim.; 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 (Stalking - prior conviction or aggravating relationship/injunction status — Applies if the actor has a prior stalking or substantially similar conviction, a prior related felony conviction involving the same victim or family, violated a permanent criminal stalking injunction, or is/was a cohabitant of the victim.; 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 (Stalking - dangerous weapon or repeat aggravated convictions — Applies if the actor used a dangerous weapon or force likely to cause death or serious bodily injury, or has two or more prior qualifying stalking-related or felony convictions, or a prior conviction under Subsection (3)(b)(iv) or (v).; 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 (Stalking - dangerous weapon or repeat aggravated convictions — Applies if the actor used a dangerous weapon or force likely to cause death or serious bodily injury, or has two or more prior qualifying stalking-related or felony convictions, or a prior conviction under Subsection (3)(b)(iv) or (v).; 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 stalking classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking - first violation or civil injunction violation | Class A Misdemeanor | Applies upon the actor's first violation of Subsection (2), or if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions. | Utah Code Ann. § 76-5-106.5(3)(a) |
| Stalking - prior conviction or aggravating relationship/injunction status | Third Degree Felony | Applies if the actor has a prior stalking or substantially similar conviction, a prior related felony conviction involving the same victim or family, violated a permanent criminal stalking injunction, or is/was a cohabitant of the victim. | Utah Code Ann. § 76-5-106.5(3)(b) |
| Stalking - dangerous weapon or repeat aggravated convictions | Second Degree Felony | Applies if the actor used a dangerous weapon or force likely to cause death or serious bodily injury, or has two or more prior qualifying stalking-related or felony convictions, or a prior conviction under Subsection (3)(b)(iv) or (v). | Utah Code Ann. § 76-5-106.5(3)(c) |
Common questions about stalking in Utah
Is stalking a felony or a misdemeanor in Utah?
It depends on the circumstances: stalking ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-106.5.
Stalking - first violation or civil injunction violation: Class A Misdemeanor (Utah Code Ann. § 76-5-106.5(3)(a)) · Stalking - prior conviction or aggravating relationship/injunction status: Third Degree Felony (Utah Code Ann. § 76-5-106.5(3)(b)) · Stalking - dangerous weapon or repeat aggravated convictions: Second Degree Felony (Utah Code Ann. § 76-5-106.5(3)(c))
What are the penalties for stalking in Utah?
Which Utah statute covers stalking?
Stalking is governed by Utah Code Ann. § 76-5-106.5 (Stalking - Definitions - Injunction - Penalties - Duties of law enforcement officer).
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.