Utah statute

Utah Code Ann. § 76-3-203.3 — Penalty for hate crimes - Civil rights violation.

Current through 2026 General Session

Criminal charges under this statute

Penalty for hate crimes

Full text of Utah Code Ann. § 76-3-203.3

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-3-203.3Primary source, current through the 2026 General Session

As used in this section: (1) "Primary offense" means those offenses provided in Subsection (4). (2)(a) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection (2)(b). (2)(b)(i) A class C misdemeanor primary offense is a class B misdemeanor; and (2)(b)(ii) a class B misdemeanor primary offense is a class A misdemeanor. (3) "Intimidate or terrorize" means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States. (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for: (4)(a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-102.10, 76-5-106, 76-5-107, and 76-5-108; (4)(b) any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(a); (4)(c) any criminal trespass offense under Sections 76-6-204 and 76-6-206; (4)(d) any misdemeanor theft offense under Chapter 6, Offenses Against Property; (4)(e) any offense of obstructing government operations under Sections 76-8-301, 76-8-301.2, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, 76-8-309.2, and 76-8-313; (4)(f) any offense of interfering or intending to interfere with activities of colleges and universities under Chapter 8, Part 7, Colleges and Universities; (4)(g) any misdemeanor offense against public order and decency as defined in Chapter 9, Part 1, Breaches of the Peace and Related Offenses, other than Section 76-9-105.5, 76-9-105.6, 76-9-110, 76-9-111, 76-9-112, 76-9-113, or 76-9-114; (4)(h) any telephone abuse offense under Sections 76-12-202, 76-12-203, 76-12-204, and 76-12-206; (4)(i) any cruelty to animals offense under Sections 76-13-202, 76-13-203, and 76-13-204; (4)(j) any weapons offense under Section 76-11-207; or (4)(k) a violation of Section 76-9-102, if the violation occurs at an official meeting. (5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

Official sources

Legal terms used in this section

Questions this section answers

Is penalty for hate crimes a felony or a misdemeanor in Utah?

It depends on the circumstances: penalty for hate crimes ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-3-203.3.

Class C misdemeanor primary offense enhanced to class B misdemeanor: Class B Misdemeanor (Utah Code Ann. § 76-3-203.3(2)(b)(i)) · Class B misdemeanor primary offense enhanced to class A misdemeanor: Class A Misdemeanor (Utah Code Ann. § 76-3-203.3(2)(b)(ii))

Which Utah statute covers penalty for hate crimes?

Penalty for hate crimes is governed by Utah Code Ann. § 76-3-203.3 (Penalty for hate crimes - Civil rights violation).

This reference is informational and is not legal advice.