Utah statute

Utah Code Ann. § 76-5-102.4 — Assault or threat of violence against a peace officer or a family member of a peace officer.

Current through 2026 General Session

Part of Part 1: Assault and Related Offenses, Utah Code.

Criminal charges under this statute

Assault or threat of violence against a peace officer or a family member of a peace officer

Full text of Utah Code Ann. § 76-5-102.4

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. § 76-5-102.4Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Assault" means an offense under Section 76-5-102. (1)(a)(ii) "Family member" means an individual's spouse, surviving spouse, parent, grandparent, sibling, child, or any other individual related to the individual by consanguinity or affinity to the second degree. (1)(a)(iii) "Peace officer" means: (1)(a)(iii)(A) a law enforcement officer certified under Section 53-13-103; (1)(a)(iii)(B) a correctional officer under Section 53-13-104; (1)(a)(iii)(C) a special function officer under Section 53-13-105; or (1)(a)(iii)(D) a federal officer under Section 53-13-106. (1)(a)(iv) "Threat of violence" means an offense under Section 76-5-107. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits assault or threat of violence against a peace officer or a family member of a peace officer if: (2)(a) the actor commits an assault or threat of violence against a peace officer or a family member of a peace officer; (2)(b) the actor knows that the individual described in Subsection (2)(a) is a peace officer or a family member of a peace officer; and (2)(c) the assault or threat of violence described in Subsection (2)(a) is intentionally committed: (2)(c)(i) against a peace officer at the time the officer is acting within the scope of the peace officer's authority as a peace officer; (2)(c)(ii) against a peace officer because of the peace officer's status as a peace officer; or (2)(c)(iii) against a family member of a peace officer because of the peace officer's status as a peace officer. (3)(a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a class A misdemeanor. (3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor: (3)(b)(i) has been previously convicted of a class A misdemeanor or a felony violation of: (3)(b)(i)(A) this section; or (3)(b)(i)(B) assault or threat of violence against a military service member as described in Section 76-5-102.10; or (3)(b)(ii) causes substantial bodily injury. (3)(c) A violation of Subsection (2) is a second degree felony if the actor uses: (3)(c)(i) a dangerous weapon; or (3)(c)(ii) other means or force likely to produce death or serious bodily injury. (4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Utah Constitution or state law, or by the United States Constitution or federal law. (5) An actor who violates this section shall serve, in jail or another correctional facility, a minimum of: (5)(a) 90 consecutive days for a second offense; and (5)(b) 180 consecutive days for each subsequent offense. (6) The court may suspend the imposition or execution of the sentence required under Subsection (5) if the court finds that the interests of justice would be best served by the suspension and the court makes specific findings concerning the disposition on the record.

Official sources

Legal terms used in this section

Questions this section answers

Is assault or threat of violence against a peace officer or a family member of a peace officer a felony or a misdemeanor in Utah?

It depends on the circumstances: assault or threat of violence against a peace officer or a family member of a peace officer ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-102.4.

Base assault or threat of violence against peace officer/family member: Class A Misdemeanor (Utah Code Ann. § 76-5-102.4(3)(a)) · Prior conviction or substantial bodily injury enhancement: Third Degree Felony (Utah Code Ann. § 76-5-102.4(3)(b)) · Dangerous weapon or force likely to cause death/serious injury: Second Degree Felony (Utah Code Ann. § 76-5-102.4(3)(c))

Which Utah statute covers assault or threat of violence against a peace officer or a family member of a peace officer?

Assault or threat of violence against a peace officer or a family member of a peace officer is governed by Utah Code Ann. § 76-5-102.4 (Assault or threat of violence against a peace officer or a family member of a peace officer).

This reference is informational and is not legal advice.