Utah statute

Utah Code Ann. § 76-5-107.1 — Threats against schools.

Current through 2026 General Session

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

Criminal charges under this statute

Threats against schools

Full text of Utah Code Ann. § 76-5-107.1

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. § 76-5-107.1Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Hoax weapon of mass destruction" means the same as that term is defined in Section 76-15-301. (1)(a)(ii) "School" means a preschool or a public or private elementary or secondary school. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor is guilty of making a threat against a school if the actor threatens, with real intent or as an intentional hoax, to commit an offense involving bodily injury, death, or substantial property damage and the actor: (2)(a) threatens the use of a firearm or weapon or hoax weapon of mass destruction; (2)(b) acts with intent to: (2)(b)(i) disrupt the regular schedule of the school or influence or affect the conduct of students, employees, or the general public at the school; (2)(b)(ii) prevent or interrupt the occupancy of the school or a portion of the school, or a facility or vehicle used by the school; or (2)(b)(iii) intimidate or coerce students or employees of the school; or (2)(c) causes an official or volunteer agency organized to deal with emergencies to take action due to the risk to the school or general public. (3)(a)(i) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a third degree felony. (3)(a)(ii) A violation of Subsection (2)(b)(ii) is a class A misdemeanor. (3)(a)(iii) A violation of Subsection (2)(c) is a class B misdemeanor. (3)(b)(i) In addition to another penalty authorized by law, a court shall order an actor convicted under this section to pay restitution to a federal, state, or local unit of government, or a private business, organization, individual, or entity for expenses and losses incurred in responding to the threat, unless the court states on the record the reasons why the reimbursement would be inappropriate. (3)(b)(ii) Restitution ordered in the case of a minor adjudicated for a violation of this section shall be determined in accordance with Section 80-6-710. (4) It is not a defense to this section that the actor did not attempt to carry out the threat or was incapable of carrying out the threat. (5) A violation of this section shall be reported to the local law enforcement agency. (6) Counseling for a minor alleged to have violated this section and the minor's family may be made available through state and local health department programs.

Official sources

Legal terms used in this section

Questions this section answers

Is threats against schools a felony or a misdemeanor in Utah?

It depends on the circumstances: threats against schools ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-107.1.

Threat using firearm/weapon or hoax WMD, or intent to disrupt schedule/influence conduct, or intent to intimidate/coerce: Third Degree Felony (Utah Code Ann. § 76-5-107.1(3)(a)(i)) · Threat with intent to prevent or interrupt occupancy of school: Class A Misdemeanor (Utah Code Ann. § 76-5-107.1(3)(a)(ii)) · Threat causing emergency response action: Class B Misdemeanor (Utah Code Ann. § 76-5-107.1(3)(a)(iii))

Which Utah statute covers threats against schools?

Threats against schools is governed by Utah Code Ann. § 76-5-107.1 (Threats against schools).

This reference is informational and is not legal advice.