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Statutes: Utah

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Statutes: Utah

Updated: 
September 19, 2024

Current with laws through the 2024 Third Special Session. Please check to make sure there have been no changes since this time. You can find Utah Statutes on the Utah Legislative website.

Title 53. Public Safety Code

Updated: 
September 19, 2024

Chapter 5. Regulation of Weapons

Updated: 
September 19, 2024

Part 7. Concealed Weapons

Updated: 
September 19, 2024

53-5-704. Bureau duties--Permit to carry concealed firearm--Certification for concealed firearms instructor--Requirements for issuance--Violation--Denial, suspension, or revocation--Appeal procedure

Updated: 
September 19, 2024

(1)(a) Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years old or older within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection (2) or (3).
 

(b)(i) Within 90 days before the day on which a provisional permit holder under Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply under this section for a permit to carry a concealed firearm for lawful self defense.
 

(ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection (2) or (3).
 

(iii) A permit issued under this Subsection (1)(b):
 

(A) is not valid until an applicant is 21 years old; and
 

(B) requires a $10 application fee.
 

(iv) A person who applies for a permit under this Subsection (1)(b) is not required to retake the firearms training described in Subsection 53-5-704(8).
 

(c) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section 53-5-710.
 

(d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to an individual issued a permit under Subsection (1)(a) or (b).
 

(e) Subsection (4)(a) does not apply to a nonresident:
 

(i) active duty service member, who presents to the bureau orders requiring the active duty service member to report for duty in this state; or
 

(ii) active duty service member’s spouse, stationed with the active duty service member, who presents to the bureau the active duty service member’s orders requiring the service member to report for duty in this state.
 

(2)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:
 

(i) has been or is convicted of a felony;
 

(ii) has been or is convicted of a crime of violence;
 

(iii) has been or is convicted of an offense involving the use of alcohol;
 

(iv) has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;
 

(v) has been or is convicted of an offense involving moral turpitude;
 

(vi) has been or is convicted of an offense involving domestic violence;
 

(vii) has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
 

(viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503 and federal law.
 

(b) In determining whether an applicant or permit holder is qualified to hold a permit under Subsection (2)(a), the bureau shall consider mitigating circumstances.
 

(3)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant or permit holder has been or is a danger to self or others as demonstrated by evidence, including:
 

(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
 

(ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or
 

(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
 

(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
 

(c) In determining whether the applicant or permit holder has been or is a danger to self or others, the bureau may inspect:
 

(i) expunged records of arrests and convictions of adults as provided in Section 77-40a-403; and
 

(ii) juvenile court records as provided in Section 78A-6-209.
 

(d)(i) The bureau shall suspend a concealed firearm permit if a permit holder becomes a temporarily restricted person in accordance with Section 53-5c-301.
 

(ii) Upon removal from the temporary restricted list, the permit holder’s permit shall be reinstated unless:
 

(A) the permit has been revoked, been suspended for a reason other than the restriction described in Subsection (3)(d)(i), or expired; or
 

(B) the permit holder has become a restricted person under Section 76-10-503.
 

(4)(a) In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah’s concealed firearm permit law shall:
 

(i) hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant’s state of residency; and
 

(ii) submit a photocopy or electronic copy of the nonresident applicant’s current concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
 

(b) A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit for a period of 10 years.
 

(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm permit that are received by the bureau after May 10, 2011.
 

(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident.
 

(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.
 

(6) Except as provided in Subsection (7), the bureau shall also require the applicant to provide:
 

(a) the address of the applicant’s permanent residence;
 

(b) one recent dated photograph;
 

(c) one set of fingerprints; and
 

(d) evidence of general familiarity with the types of firearms to be concealed as defined in Subsection (8).
 

(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a letter of good standing from the officer’s commanding officer in place of the evidence required by Subsection (6)(d).
 

(8)(a) General familiarity with the types of firearms to be concealed includes training in:
 

(i) the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
 

(ii) current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.
 

(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by one of the following:
 

(i) completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;
 

(ii) certification of general familiarity by an individual who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or
 

(iii) equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.
 

(c) Instruction taken by a student under this Subsection (8) shall be in person and not through electronic means.
 

(d) A person applying for a renewal permit is not required to retake the firearms training described in this Subsection 53-5-704(8) if the person:
 

(i) has an unexpired permit; or
 

(ii) has a permit that expired less than one year before the date on which the renewal application was submitted.
 

(9)(a) An applicant for certification as a Utah concealed firearms instructor shall:
 

(i) be at least 21 years old;
 

(ii) be currently eligible to possess a firearm under Section 76-10-503;
 

(iii) have:
 

(A) completed a firearm instruction training course from the National Rifle Association or another nationally recognized firearm training organization that customarily offers firearm safety and firearm law instructor training or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or
 

(B) received training equivalent to one of the courses referred to in Subsection (9)(a)(iii)(A) as determined by the bureau;
 

(iv) have taken a course of instruction and passed a certification test as described in Subsection (9)(c); and
 

(v) possess a Utah concealed firearm permit.
 

(b) An instructor’s certification is valid for three years from the date of issuance, unless revoked by the bureau.
 

(c)(i) In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.
 

(ii)(A) The bureau shall provide or contract to provide the course referred to in Subsection (9)(c)(i) twice every year.
 

(B) The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.
 

(d)(i) Each applicant for certification under this Subsection (9) shall pay a fee of $50.00 at the time of application for initial certification.
 

(ii) The renewal fee for the certificate is $25.
 

(iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection (9).
 

(10) A certified concealed firearms instructor shall provide each of the instructor’s students with the required course of instruction outline approved by the bureau.
 

(11)(a)(i) A concealed firearms instructor shall provide a signed certificate to an individual successfully completing the offered course of instruction.
 

(ii) The instructor shall sign the certificate with the exact name indicated on the instructor’s certification issued by the bureau under Subsection (9).
 

(iii)(A) The certificate shall also have affixed to it the instructor’s official seal, which is the exclusive property of the instructor and may not be used by any other individual.
 

(B) The instructor shall destroy the seal upon revocation or expiration of the instructor’s certification under Subsection (9).
 

(C) The bureau shall determine the design and content of the seal to include at least the following:
 

(I) the instructor’s name as it appears on the instructor’s certification;
 

(II) the words “Utah Certified Concealed Firearms Instructor,” “state of Utah,” and “my certification expires on (the instructor’s certification expiration date)”; and
 

(III) the instructor’s business or residence address.
 

(D) The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.
 

(b) The applicant shall provide the certificate to the bureau in compliance with Subsection (6)(d).
 

(12) The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:
 

(a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
 

(b) knowingly and willfully provided false information to the bureau.
 

(13) An applicant for certification or a concealed firearms instructor has the same appeal rights as described in Subsection (16).
 

(14) In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.
 

(15) An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.
 

(16)(a) In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.
 

(b) The bureau’s denial of a permit shall be in writing and shall include the general reasons for the action.
 

(c) If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
 

(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.
 

(e)(i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board’s decision.
 

(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
 

(iii) The final order is final bureau action for purposes of judicial review under Section 63G-4-402.
 

(17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this chapter.

Title 57. Real Estate

Updated: 
September 19, 2024

Chapter 22. Utah Fit Premises Act

Updated: 
September 19, 2024

57-22-5. Renter’s duties--Cleanliness and sanitation--Compliance with written agreement--Destruction of property, interference with peaceful enjoyment prohibited

Updated: 
September 19, 2024

(1) Each renter shall:

(a) comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety;

(b) maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area;

(c) dispose of all garbage and other waste in a clean and safe manner;

(d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit;

(e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner;

(f) occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner;

(g) be current on all payments required by the rental agreement; and

(h) comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both.

(2) A renter may not:

(a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so;

(b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or

(c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.

57-22-5.1. Crime victim’s right to new locks--Domestic violence victim’s right to terminate rental agreement--Limits an owner relating to assistance from public safety agency

Updated: 
September 19, 2024

(1) As used in this section:

(a)(i) “Court order” means, except as provided in Subsection (1)(a)(ii):

(A) a civil protective order, as defined in Section 78B-7-102;

(B) a civil stalking injunction, as defined in Section 78B-7-102;

(C) a criminal protective order, as defined in Section 78B-7-102; or

(D) a criminal stalking injunction, as defined in Section 78B-7-102.

(ii) “Court order” does not include:

(A) an ex parte civil protective order, as defined in Section 78B-7-102; or

(B) an ex parte civil stalking injunction, as defined in Section 78B-7-102, for which a hearing is requested.

(b) “Crime victim” means a victim of:

(i) domestic violence, as defined in Section 77-36-1;

(ii) stalking, as defined in Section 76-5-106.5;

(iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;

(iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or

(v) dating violence, as defined in Section 78B-7-102.

(c) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(d) “Financial obligation” means any rent, fees, damages, or other costs owed by a renter.

(e)(i) “Future obligations” means a renter’s obligations under the rental agreement after the date on which the renter vacates the residential rental unit in accordance with Subsection (6).

(ii) “Future obligations” includes:

(A) the payment of rent and fees for the residential rental unit; and

(B) the right to occupy the residential rental unit.

(f) “Public safety agency” means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or similar service.

(g) “Victim of domestic violence” means the same as the term “victim” in Section 77-36-1.

(h) “Termination fee” means the equivalent of one month of rent under the rental agreement.

(2) An acceptable form of documentation of an act listed in Subsection (1) is:

(a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the petitioner and respondent have been given notice under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or

(b) a copy of a police report documenting an act listed in Subsection (1).

(3)(a) A renter who is a crime victim may require the renter’s owner to install a new lock to the renter’s residential rental unit if the renter:

(i) provides the owner with an acceptable form of documentation of an act listed in Subsection (1); and

(ii) pays for the cost of installing the new lock.

(b) An owner may comply with Subsection (3)(a) by:

(i) rekeying the lock if the lock is in good working condition; or

(ii) changing the entire locking mechanism with a locking mechanism of equal or greater quality than the lock being replaced.

(c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the key that opens the new lock.

(d) Notwithstanding any rental agreement, an owner who installs a new lock under Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the perpetrator of the act listed in Subsection (1).

(e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit by a protective order but is a renter on the rental agreement, the perpetrator may file a petition with a court of competent jurisdiction within 30 days to:

(i) establish whether the perpetrator should be given a key and allowed access to the residential rental unit; or

(ii) whether the perpetrator should be relieved of further liability under the rental agreement because of the owner’s exclusion of the perpetrator from the residential rental unit.

(f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further liability under the rental agreement if the perpetrator is found by the court to have committed the act upon which the landlord’s exclusion of the perpetrator is based.

(4) A renter who is a victim of domestic violence may terminate all of the renter’s future obligations under a rental agreement if the renter:

(a) except as provided in Subsection (5), is in compliance with all obligations under the rental agreement, including the requirements of Section 57-22-5;

(b) provides the owner with:

(i) a court order protecting the renter from a domestic violence perpetrator; or

(ii) a copy of a police report documenting that the renter is a victim of domestic violence and is not the predominant aggressor under Subsection 77-36-2.2(3);

(c) provides the owner with a written notice of termination that includes the date on which the renter intends to vacate the renter’s residential rental unit; and

(d) pays the owner a termination fee on the later of the day on which:

(i) the renter provides the owner with a written notice of termination; or

(ii) the renter vacates the renter’s residential rental unit.

(5) A renter may terminate all of the renter’s future obligations under a rental agreement under Subsection (4) when the renter is not in compliance with the requirements of Subsection 57-22-5(1)(g) or (2) if:

(a) the renter provides evidence to the owner with the written notice of termination under Subsection (4)(c) establishing that:

(i) the noncompliance with Subsection 57-22-5(1)(g) or (2) occurred less than 30 days before the day on which the renter provided the written notice of termination to the owner; and

(ii) the noncompliance with Subsection 57-22-5(1)(g) or (2) is due to domestic violence;

(b) the renter is in compliance with all obligations of the rental agreement, except for the noncompliance described in Subsection (5)(a); and

(c) the renter complies with Subsections (4)(b), (c), and (d).

(6) If a renter provides an owner with a written notice of termination under Subsection (4)(c), the renter shall:

(a) vacate the renter’s residential rental unit within 15 days after the day on which the written notice of termination is provided to the owner; and

(b) pay rent for any occupation of the residential rental unit during that 15-day time period.

(7) A renter may not terminate all of the renter’s future obligations under a rental agreement under Subsection (4) after a notice of eviction is served on the renter.

(8) A renter who terminates all of the renter’s future obligations under a rental agreement under Subsection (4) is liable for any financial obligation owed by the renter:

(a) before the renter provided the owner with the written notice of termination under Subsection (4)(c);

(b) for any noncompliance with Subsection 57-22-5(1)(g) or (2) as described in Subsection (5); and

(c) for any occupancy of the residential rental unit by the renter during the 15-day time period described in Subsection (6).

(9) The termination of a renter’s future obligations under a rental agreement does not terminate the rental agreement for any other person entitled under the rental agreement to occupy the residential rental unit.

(10) An owner may not:

(a) impose a restriction on a renter’s ability to request assistance from a public safety agency; or

(b) penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency.

Title 76. Criminal Code

Updated: 
September 19, 2024

Chapter 3. Punishments

Updated: 
September 19, 2024

Part 1. Classification of Offenses

Updated: 
September 19, 2024

76-3-103. Felonies classified

Updated: 
September 19, 2024

(1) Felonies are classified into four categories:

(a) Capital felonies;

(b) Felonies of the first degree;

(c) Felonies of the second degree;

(d) Felonies of the third degree.

(2) An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.

Part 2. Sentencing

Updated: 
September 19, 2024

76-3-203. Felony conviction--Indeterminate term of imprisonment

Updated: 
September 19, 2024

A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:

(1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life.

(2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.

(3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.

76-3-204. Misdemeanor conviction--Term of imprisonment

Updated: 
September 19, 2024

A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:

(1) In the case of a class A misdemeanor, for a term not exceeding 364 days.

(2) In the case of a class B misdemeanor, for a term not exceeding six months.

(3) In the case of a class C misdemeanor, for a term not exceeding 90 days.

Part 3. Fines and Special Sanctions

Updated: 
September 19, 2024

76-3-301. Fines of persons

Updated: 
September 19, 2024

(1) An individual convicted of an offense may be sentenced to pay a fine, not exceeding:

(a) $10,000 for a felony conviction of the first degree or second degree;

(b) $5,000 for a felony conviction of the third degree;

(c) $2,500 for a class A misdemeanor conviction;

(d) $1,000 for a class B misdemeanor conviction;

(e) $750 for a class C misdemeanor conviction or infraction conviction; and

(f) any greater amounts specifically authorized by statute.

(2)(a) An individual convicted of a misdemeanor or infraction and sentenced to pay a fine may not be charged by a court:

(i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is more than 25% of the initial fine; or

(ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the fine, interest that is more than 25% of the initial fine.

(b) An individual convicted only of an infraction and sentenced to pay a fine may not be charged:

(i) by the Office of State Debt Collection, late fees and interest that in the aggregate are more than 25% of the initial fine; or

(ii) by a third-party debt contractor of the Office of State Debt Collection, additional fees.

(3) Subsection (2) does not apply to a case that includes:

(a) victim restitution; or

(b) a felony conviction, even if that felony conviction is later reduced.

(4) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.

Chapter 5. Offenses against the Person

Updated: 
September 19, 2024

Part 1. Assault and Related Offenses

Updated: 
September 19, 2024

76-5-102. Assault

Updated: 
September 19, 2024

(1) Assault is:

(a) an attempt, with unlawful force or violence, to do bodily injury to another; or

(b) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

(2) Assault is a class B misdemeanor.

(3) Assault is a class A misdemeanor if:

(a) the person causes substantial bodily injury to another; or

(b) the victim is pregnant and the person has knowledge of the pregnancy.

(4) It is not a defense against assault, that the accused caused serious bodily injury to another.

76-5-102.9. Propelling a bodily substance or material--Penalties

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Bodily substance or material” means:

(A) saliva, blood, urine, semen, or fecal material;

(B) an infectious agent or a material that carries an infectious agent; or

(C) vomit or a material that carries vomit.

(ii) “Infectious agent” means the same as that term is defined in Section 26B-7-201.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits propelling a bodily substance or material if the actor knowingly or intentionally throws or otherwise propels a bodily substance or material at another individual.

(3)(a) A violation of Subsection (2) is a class B misdemeanor.

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if:

(i) the bodily substance or material is the actor’s saliva and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; or

(ii) the bodily substance or material comes into contact with any portion of the other individual’s face, including the eyes or mouth, or comes into contact with any open wound on the other individual’s body.

(4) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

76-5-103. Aggravated assault--Penalties

Updated: 
September 19, 2024

(1)(a) As used in this section, “targeting a law enforcement officer” means the same as that term is defined in Section 76-5-202.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits aggravated assault if:
 

(a)(i) the actor attempts, with unlawful force or violence, to do bodily injury to another;
 

(ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
 

(iii) the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
 

(b) the actor’s conduct described in Subsection (2)(a) includes:
 

(i) the use of:
 

(A) a dangerous weapon; or
 

(B) a motor vehicle;
 

(ii) any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor’s use of unlawful force or violence by:
 

(A) applying pressure to the neck or throat of an individual; or
 

(B) obstructing the nose, mouth, or airway of an individual; or
 

(iii) other means or force likely to produce death or serious bodily injury.
 

(3)(a) A violation of Subsection (2) is a third degree felony.
 

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:
 

(i) the act results in serious bodily injury; or
 

(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
 

(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.

76-5-105. Mayhem

Updated: 
September 19, 2024

(1) Every person who unlawfully and intentionally deprives a human being of a member of his body, or disables or renders it useless, or who cuts out or disables the tongue, puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

(2) Mayhem is a felony of the second degree.

76-5-106. Harassment

Updated: 
September 19, 2024

(1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.

(2) Harassment is a class B misdemeanor.

76-5-106.5. Stalking--Definitions--Injunction--Penalties

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Course of conduct” means two or more acts directed at or toward a specific individual, including:
 

(A) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property:
 

(I) directly, indirectly, or through any third party; and
 

(II) by any action, method, device, or means; or
 

(B) when the actor engages in any of the following acts or causes someone else to engage in any of these acts:
 

(I) approaches or confronts an individual;
 

(II) appears at the individual’s workplace or contacts the individual’s employer or coworker;
 

(III) appears at an individual’s residence or contacts an individual’s neighbor, or enters property owned, leased, or occupied by an individual;
 

(IV) sends material by any means to the individual or for the purpose of obtaining or disseminating information about or communicating with the individual to a member of the individual’s family or household, employer, coworker, friend, or associate of the individual;
 

(V) places an object on or delivers an object to property owned, leased, or occupied by an individual, or to the individual’s place of employment with the intent that the object be delivered to the individual; or
 

(VI) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct.
 

(ii)(A) “Emotional distress” means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.
 

(B) “Emotional distress” includes significant mental or psychological suffering resulting from harm to an animal.
 

(iii) “Immediate family” means a spouse, parent, child, sibling, or any other individual who regularly resides in the household or who regularly resided in the household within the prior six months.
 

(iv) “Private investigator” means the same as that term is defined in Section 76-9-408.
 

(v) “Reasonable person” means a reasonable person in the victim’s circumstances.
 

(vi) “Stalking” means an offense as described in Subsection (2).
 

(vii) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another individual’s telephone or computer by addressing the communication to the recipient’s telephone number.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits stalking if the actor intentionally or knowingly:
 

(a) engages in a course of conduct directed at a specific individual and knows or is reckless as to whether the course of conduct would cause a reasonable person:
 

(i) to fear for the individual’s own safety or the safety of a third individual; or
 

(ii) to suffer other emotional distress; or
 

(b) violates:
 

(i) a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
 

(ii) a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
 

(3)(a) A violation of Subsection (2) is a class A misdemeanor:
 

(i) upon the actor’s first violation of Subsection (2); or
 

(ii) if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions.
 

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
 

(i) has been previously convicted of an offense of stalking;
 

(ii) has been previously convicted in another jurisdiction of an offense that is substantially similar to the offense of stalking;
 

(iii) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking offense or a member of the victim’s immediate family was also a victim of the previous felony offense;
 

(iv) violated a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions; or
 

(v) has been or is at the time of the offense a cohabitant, as defined in Section 78B-7-102, of the victim.
 

(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second degree felony if the actor:
 

(i) used a dangerous weapon or used other means or force likely to produce death or serious bodily injury, in the commission of the crime of stalking;
 

(ii) has been previously convicted two or more times of the offense of stalking;
 

(iii) has been convicted two or more times in another jurisdiction or jurisdictions of offenses that are substantially similar to the offense of stalking;
 

(iv) has been convicted two or more times, in any combination, of offenses under Subsection (3)(b)(i), (ii), or (iii);
 

(v) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the victim of the stalking was also a victim of the previous felony offenses; or
 

(vi) has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
 

(4) In a prosecution under this section, it is not a defense that the actor:
 

(a) was not given actual notice that the course of conduct was unwanted; or
 

(b) did not intend to cause the victim fear or other emotional distress.
 

(5) An offense of stalking may be prosecuted under this section in any jurisdiction where one or more of the acts that is part of the course of conduct was initiated or caused an effect on the victim.
 

(6)(a) Except as provided in Subsection (6)(b), an actor does not violate this section if the actor is acting:
 

(i) in the actor’s official capacity as a law enforcement officer, governmental investigator, or private investigator; and
 

(ii) for a legitimate official or business purpose.
 

(b) A private investigator is not exempt from this section if the private investigator engages in conduct that would constitute a ground for disciplinary action under Section 53-9-118.
 

(7)(a) A permanent criminal stalking injunction limiting the contact between the actor and victim may be filed in accordance with Section 78B-7-902.
 

(b) This section does not preclude the filing of criminal information for stalking based on the same act which is the basis for the violation of the stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
 

(8)(a) A law enforcement officer who responds to an allegation of stalking shall use all reasonable means to protect the victim and prevent further violence, including:
 

(i) taking action that, in the officer’s discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
 

(ii) confiscating the weapon or weapons involved in the alleged stalking;
 

(iii) making arrangements for the victim and any child to obtain emergency housing or shelter;
 

(iv) providing protection while the victim removes essential personal effects;
 

(v) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and
 

(vi) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of stalking, in accordance with Subsection (8)(b).
 

(b)(i) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this section and Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions.
 

(ii) The written notice shall also include:
 

(A) a statement that the forms needed in order to obtain a stalking injunction are available from the court clerk’s office in the judicial district where the victim resides or is temporarily domiciled; and
 

(B) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.
 

(c) If a weapon is confiscated under this Subsection (8), the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a stalking injunction is not issued or once the stalking injunction is terminated.

76-5-107. Threat of violence--Penalty

Updated: 
September 19, 2024

(1) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits a threat of violence if the actor:
 

(a)(i) threatens to commit an offense:
 

(A) under Title 76, Chapter 5, Part 4, Sexual Offenses; or
 

(B) involving bodily injury, death, or substantial property damage; and
 

(ii) acts with intent to place an individual in fear:
 

(A) that the actor will imminently commit an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against the individual; or
 

(B) of imminent serious bodily injury, substantial bodily injury, or death; or
 

(b) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
 

(3)(a) A violation of Subsection (2) is a class B misdemeanor.
 

(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
 

(4) It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat.
 

(5) A threat under Subsection (2) may be express or implied.

76-5-108. Protective orders restraining abuse of another--Violation

Updated: 
September 19, 2024

(1) Any person who is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, or ex parte child protective order issued under the following who intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act:

(a) Title 80, Utah Juvenile Code;

(b) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;

(c) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or

(d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.(2) Violation of an order as described in Subsection (1) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.

76-5-114. Commission of domestic violence in the presence of a child

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Cohabitant” means the same as that term is defined in Section 78B-7-102.

(ii) “Criminal homicide offense” means an offense listed in Subsection 76-5-201(2).

(iii) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(iv) “In the presence of a child” means:

(A) in the physical presence of a child; or

(B) having knowledge that a child is present and may see or hear an act of domestic violence.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits domestic violence in the presence of a child if the actor:

(a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;

(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or

(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.

(3)(a) A violation of Subsection (2)(a) or (b) is a third degree felony.

(b) A violation of Subsection (2)(c) is a class B misdemeanor.

(4)(a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.

(b) Either or both charges may be filed by the prosecutor.

(5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.

Part 2. Criminal Homicide

Updated: 
September 19, 2024

76-5-201. Criminal homicide--Designations of offenses--Exceptions--Application of consensual altercation defense

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Abortion” means the same as that term is defined in Section 76-7-301.
 

(ii) “Criminal homicide” means an act causing the death of another human being, including an unborn child at any stage of the unborn child’s development.
 

(b) The terms defined in Section 76-1-101.5 apply to this section.
 

(2) The following are criminal homicide:
 

(a) aggravated murder;
 

(b) murder;
 

(c) manslaughter;
 

(d) child abuse homicide;
 

(e) homicide by assault;
 

(f) negligent homicide; and
 

(g) automobile homicide.
 

(3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:
 

(a) the death of an unborn child is caused by an abortion;
 

(b) the sole reason for the death of an unborn child is that the actor:
 

(i) refused to consent to:
 

(A) medical treatment; or
 

(B) a cesarean section; or
 

(ii) failed to follow medical advice; or
 

(c) a woman causes the death of her own unborn child, and the death:
 

(i) is caused by a criminally negligent act or reckless act of the woman; and
 

(ii) is not caused by an intentional or knowing act of the woman.
 

(4) The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.

76-5-202. Aggravated murder--Penalties--Affirmative defense and special mitigation--Separate offense

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Correctional officer” means the same as that term is defined in Section 53-13-104.
 

(ii) “Emergency responder” means the same as that term is defined in Section 53-2b-102.
 

(iii) “Federal officer” means the same as that term is defined in Section 53-13-106.
 

(iv) “Law enforcement officer” means the same as that term is defined in Section 53-13-103.
 

(v) “Peace officer” means:
 

(A) a correctional officer, federal officer, law enforcement officer, or special function officer; or
 

(B) any other person who may exercise peace officer authority in accordance with Title 53, Chapter 13, Peace Officer Classifications.
 

(vi) “Special function officer” means the same as that term is defined in Section 53-13-105.
 

(vii) “Target a law enforcement officer” means an act:
 

(A) involving the unlawful use of force and violence against a law enforcement officer;
 

(B) that causes serious bodily injury or death; and
 

(C) that is in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.
 

(viii) “Weapon of mass destruction” means the same as that term is defined in Section 76-10-401.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2)(a) An actor commits aggravated murder if the actor intentionally or knowingly causes the death of another individual under any of the following circumstances:
 

(i) the actor committed homicide while confined in a jail or other correctional institution;
 

(ii)(A) the actor committed homicide incident to one act, scheme, course of conduct, or criminal episode during which two or more individuals other than the actor were killed; or
 

(B) the actor, during commission of the homicide, attempted to kill one or more other individuals in addition to the deceased individual;
 

(iii) the actor knowingly created a great risk of death to another individual other than the deceased individual and the actor;
 

(iv) the actor committed homicide incident to an act, scheme, course of conduct, or criminal episode during which the actor committed or attempted to commit aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, aggravated child abuse as described in Subsection 76-5-109.2(3)(a), or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping;
 

(v) the actor committed homicide incident to one act, scheme, course of conduct, or criminal episode during which the actor committed the crime of abuse or desecration of a dead human body as described in Subsection 76-9-704(2)(e);
 

(vi) the actor committed homicide for the purpose of avoiding or preventing an arrest of the actor or another individual by a peace officer acting under color of legal authority or for the purpose of effecting the actor’s or another individual’s escape from lawful custody;
 

(vii) the actor committed homicide for pecuniary gain;
 

(viii) the actor committed, engaged, or employed another person to commit the homicide subject to an agreement or contract for remuneration or the promise of remuneration for commission of the homicide;
 

(ix) the actor previously committed or was convicted of:
 

(A) aggravated murder under this section;
 

(B) attempted aggravated murder under this section;
 

(C) murder, under Section 76-5-203;
 

(D) attempted murder, under Section 76-5-203; or
 

(E) an offense committed in another jurisdiction which if committed in this state would be a violation of a crime listed in this Subsection (2)(a)(ix);
 

(x) the actor was previously convicted of:
 

(A) aggravated assault, under Section 76-5-103;
 

(B) mayhem, under Section 76-5-105;
 

(C) kidnapping, under Section 76-5-301;
 

(D) child kidnapping, under Section 76-5-301.1;
 

(E) aggravated kidnapping, under Section 76-5-302;
 

(F) rape, under Section 76-5-402;
 

(G) rape of a child, under Section 76-5-402.1;
 

(H) object rape, under Section 76-5-402.2;
 

(I) object rape of a child, under Section 76-5-402.3;
 

(J) forcible sodomy, under Section 76-5-403;
 

(K) sodomy on a child, under Section 76-5-403.1;
 

(L) aggravated sexual abuse of a child, under Section 76-5-404.3;
 

(M) aggravated sexual assault, under Section 76-5-405;
 

(N) aggravated arson, under Section 76-6-103;
 

(O) aggravated burglary, under Section 76-6-203;
 

(P) aggravated robbery, under Section 76-6-302;
 

(Q) felony discharge of a firearm, under Section 76-10-508.1; or
 

(R) an offense committed in another jurisdiction which if committed in this state would be a violation of a crime listed in this Subsection (2)(a)(x);
 

(xi) the actor committed homicide for the purpose of:
 

(A) preventing a witness from testifying;
 

(B) preventing a person from providing evidence or participating in any legal proceedings or official investigation;
 

(C) retaliating against a person for testifying, providing evidence, or participating in any legal proceedings or official investigation; or
 

(D) disrupting or hindering any lawful governmental function or enforcement of laws;
 

(xii) the deceased individual was a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy;
 

(xiii) the deceased individual was on duty in a verified position or the homicide is based on, is caused by, or is related to the deceased individual’s position, and the actor knew, or reasonably should have known, that the deceased individual holds or has held the position of:
 

(A) a peace officer;
 

(B) an executive officer, prosecuting officer, jailer, or prison official;
 

(C) a firefighter, search and rescue personnel, emergency medical personnel, ambulance personnel, or any other emergency responder;
 

(D) a judge or other court official, juror, probation officer, or parole officer; or
 

(E) a security officer contracted to secure, guard, or otherwise protect tangible personal property, real property, or the life and well-being of human or animal life in the area of the offense;
 

(xiv) the actor committed homicide:
 

(A) by means of a destructive device, bomb, explosive, incendiary device, or similar device which was planted, hidden, or concealed in any place, area, dwelling, building, or structure, or was mailed or delivered;
 

(B) by means of any weapon of mass destruction; or
 

(C) to target a law enforcement officer;
 

(xv) the actor committed homicide during the act of unlawfully assuming control of an aircraft, train, or other public conveyance by use of threats or force with intent to:
 

(A) obtain any valuable consideration for the release of the public conveyance or any passenger, crew member, or any other person aboard;
 

(B) direct the route or movement of the public conveyance; or
 

(C) otherwise exert control over the public conveyance;
 

(xvi) the actor committed homicide by means of the administration of a poison or of any lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
 

(xvii) the deceased individual was held or otherwise detained as a shield, hostage, or for ransom;
 

(xviii) the actor committed homicide in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or serious bodily injury of the deceased individual before death;
 

(xix) the actor dismembers, mutilates, or disfigures the deceased individual’s body, whether before or after death, in a manner demonstrating the actor’s depravity of mind; or
 

(xx) the deceased individual, at the time of the death of the deceased individual:
 

(A) was younger than 14 years old; and
 

(B) was not an unborn child.
 

(b) An actor commits aggravated murder if the actor, with reckless indifference to human life, causes the death of another individual incident to an act, scheme, course of conduct, or criminal episode during which the actor is a major participant in the commission or attempted commission of:
 

(i) aggravated child abuse, punishable as a felony of the second degree under Subsection 76-5-109.2(3)(a);
 

(ii) child kidnapping, under Section 76-5-301.1;
 

(iii) rape of a child, under Section 76-5-402.1;
 

(iv) object rape of a child, under Section 76-5-402.3;
 

(v) sodomy on a child, under Section 76-5-403.1; or
 

(vi) sexual abuse or aggravated sexual abuse of a child, under Section 76-5-404.1.
 

(3)(a) If a notice of intent to seek the death penalty has been filed, a violation of Subsection (2) is a capital felony.
 

(b) If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.
 

(c)(i) Within 60 days after arraignment of the defendant, the prosecutor may file notice of intent to seek the death penalty.
 

(ii) The notice shall be served on the defendant or defense counsel and filed with the court.
 

(iii) Notice of intent to seek the death penalty may be served and filed more than 60 days after the arraignment upon written stipulation of the parties or upon a finding by the court of good cause.
 

(d) Without the consent of the prosecutor, the court may not accept a plea of guilty to noncapital first degree felony aggravated murder during the period in which the prosecutor may file a notice of intent to seek the death penalty under Subsection (3)(c)(i).
 

(e) If the defendant was younger than 18 years old at the time the offense was committed, aggravated murder is a noncapital first degree felony punishable as provided in Section 76-3-207.7.
 

(f) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of aggravated murder, or alternatively, attempted aggravated murder, as described in this section, are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as follows:
 

(i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall enter a judgment of conviction for murder; or
 

(ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the court shall enter a judgment of conviction for attempted murder.
 

(4)(a) It is an affirmative defense to a charge of aggravated murder or attempted aggravated murder that the actor caused the death of another or attempted to cause the death of another under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
 

(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.
 

(c) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of aggravated murder, or alternatively, attempted aggravated murder, as described in this section, are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
 

(i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall enter a judgment of conviction for murder; or
 

(ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the court shall enter a judgment of conviction for attempted murder.
 

(5)(a) Any aggravating circumstance described in Subsection (2) that constitutes a separate offense does not merge with the crime of aggravated murder.
 

(b) An actor who is convicted of aggravated murder, based on an aggravating circumstance described in Subsection (2) that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.

76-5-203. Murder--Penalties--Affirmative defense and special mitigation--Separate offenses

Updated: 
September 19, 2024

(1)(a) As used in this section, “predicate offense” means:
 

(i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
 

(ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused individual is younger than 18 years old;
 

(iii) kidnapping under Section 76-5-301;
 

(iv) child kidnapping under Section 76-5-301.1;
 

(v) aggravated kidnapping under Section 76-5-302;
 

(vi) rape under Section 76-5-402;
 

(vii) rape of a child under Section 76-5-402.1;
 

(viii) object rape under Section 76-5-402.2;
 

(ix) object rape of a child under Section 76-5-402.3;
 

(x) forcible sodomy under Section 76-5-403;
 

(xi) sodomy upon a child under Section 76-5-403.1;
 

(xii) forcible sexual abuse under Section 76-5-404;
 

(xiii) sexual abuse of a child under Section 76-5-404.1;
 

(xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
 

(xv) aggravated sexual assault under Section 76-5-405;
 

(xvi) arson under Section 76-6-102;
 

(xvii) aggravated arson under Section 76-6-103;
 

(xviii) burglary under Section 76-6-202;
 

(xix) aggravated burglary under Section 76-6-203;
 

(xx) robbery under Section 76-6-301;
 

(xxi) aggravated robbery under Section 76-6-302;
 

(xxii) escape under Section 76-8-309;
 

(xxiii) aggravated escape under Section 76-8-309.1; or
 

(xxiv) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a firearm or dangerous weapon.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits murder if:
 

(a) the actor intentionally or knowingly causes the death of another individual;
 

(b) intending to cause serious bodily injury to another individual, the actor commits an act clearly dangerous to human life that causes the death of the other individual;
 

(c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct that creates a grave risk of death to another individual and thereby causes the death of the other individual;
 

(d)(i) the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense;
 

(ii) an individual other than a party described in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and
 

(iii) the actor acted with the intent required as an element of the predicate offense;
 

(e) the actor recklessly causes the death of a peace officer or military service member in uniform while in the commission or attempted commission of:
 

(i) an assault against a peace officer under Section 76-5-102.4;
 

(ii) interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against the peace officer; or
 

(iii) an assault against a military service member in uniform under Section 76-5-102.4; or
 

(f) the actor commits a homicide that would be aggravated murder, but the offense is reduced in accordance with Subsection 76-5-202(4).
 

(3)(a)(i) A violation of Subsection (2) is a first degree felony.
 

(ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life.
 

(b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as follows:
 

(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or
 

(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall, notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of conviction for attempted manslaughter.
 

(4)(a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another individual or attempted to cause the death of another individual under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
 

(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.
 

(c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
 

(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or
 

(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall enter a judgment of conviction for attempted manslaughter.
 

(5)(a) Any predicate offense that constitutes a separate offense does not merge with the crime of murder.
 

(b) An actor who is convicted of murder, based on a predicate offense that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.

Part 3. Kidnapping, Trafficking, and Smuggling

Updated: 
September 19, 2024

76-5-301. Kidnapping

Updated: 
September 19, 2024

(1) An actor commits kidnapping if the actor intentionally or knowingly, without authority of law, and against the will of the victim:

(a) detains or restrains the victim for any substantial period of time;

(b) detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;

(c) holds the victim in involuntary servitude;

(d) detains or restrains a minor without the consent of the minor’s parent or legal guardian or the consent of a person acting in loco parentis, if the minor is 14 years of age or older but younger than 18 years of age; or

(e) moves the victim any substantial distance or across a state line.

(2) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.

(3) Kidnapping is a second degree felony.

76-5-301.1. Child kidnapping

Updated: 
September 19, 2024

(1) An actor commits child kidnapping if the actor intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child under the age of 14 without the consent of the victim’s parent or guardian, or the consent of a person acting in loco parentis.

(2) Violation of Section 76-5-303 is not a violation of this section.

(3) Child kidnapping is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact finds that during the course of the commission of the child kidnapping the defendant caused serious bodily injury to another; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the child kidnapping the defendant was previously convicted of a grievous sexual offense.

(4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or

(b) for purposes of Subsection (3)(a) or (b):

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(c).

(6) Subsections (3)(b) and (3)(c) do not apply if the defendant was younger than 18 years of age at the time of the offense.

(7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

76-5-301.2. Parental kidnapping

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Child” means an individual under 18 years old.

(ii) “Custody” means court-ordered physical custody of a child entered by a court.

(iii) “Parent” means an individual:

(A) recognized as a biological parent or adoptive parent; or

(B) that has established a parent-child relationship under Section 78B-15-201.

(iv) “Parent-time” means court-ordered parent-time or visitation entered by a court.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) A parent commits parental kidnapping of the parent’s child if the parent:

(a) takes, entices, conceals, detains, or withholds the child from an individual entitled to custody of the child;

(b) intends to interfere with the custody of the child; and

(c)(i) has never had a right to physical custody of the child;

(ii) has never been granted parent-time with the child;

(iii) has had all rights to physical custody of the child terminated by a court; or

(iv) at the time of the parent’s action under Subsection (2)(a), had parent-time with the child terminated or suspended by a court.

(3)(a) A violation of Subsection (2) is a third degree felony.

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if, during the course of parental kidnapping, the parent removes, causes the removal, or directs the removal of the child from the state.

(4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of parental kidnapping that:

(a) the parent acted under a reasonable belief that the action described in Subsection (2)(a) was:

(i) necessary to protect the child from imminent serious bodily injury, or death;

(ii) authorized by law; or

(iii) taken with the consent of:

(A) the individual entitled to custody of the child; or

(B) a custodian, guardian, caretaker, or other individual lawfully acting in place of the individual entitled to custody of the child; or

(b)(i) the parent acted under a reasonable belief that the action described in Subsection (2)(a) was necessary to protect the child from abuse, including sexual abuse; and

(ii) before taking the action described in Subsection (2)(a), the parent reports to law enforcement the parent’s intention to engage in the action and the basis for the parent’s belief described in Subsection (4)(b)(i).

76-5-302. Aggravated kidnapping

Updated: 
September 19, 2024

(1) An actor commits aggravated kidnapping if the actor, in the course of committing unlawful detention or kidnapping:

(a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601; or

(b) acts with intent:

(i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct;

(ii) to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony;

(iii) to hinder or delay the discovery of or reporting of a felony;

(iv) to inflict bodily injury on or to terrorize the victim or another individual;

(v) to interfere with the performance of any governmental or political function; or

(vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses.

(2) As used in this section, “in the course of committing unlawful detention or kidnapping” means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of:

(a) Section 76-5-301, kidnapping; or

(b) Section 76-5-304, unlawful detention.

(3) Aggravated kidnapping in the course of committing unlawful detention is a third degree felony.

(4) Aggravated kidnapping is a first degree felony punishable by a term of imprisonment of:

(a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and which may be for life;

(b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to the victim or another individual; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.

(5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) for purposes of Subsection (4)(b), 15 years and which may be for life; or

(b) for purposes of Subsection (4)(a) or (b):

(i) 10 years and which may be for life; or

(ii) six years and which may be for life.

(6) The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(c).

(7) Subsections (4)(b) and (c) do not apply if the defendant was younger than 18 years of age at the time of the offense.

(8) Imprisonment under Subsection (4) is mandatory in accordance with Section 76-3-406.

76-5-303. Custodial interference

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Child” means an individual under 18 years old.

(ii) “Custody” means court-ordered physical custody entered by a court of competent jurisdiction.

(iii) “Visitation” means court-ordered parent-time or visitation entered by a court of competent jurisdiction.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2)(a) An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to interfere with the visitation of the child.

(b) An actor who is entitled to visitation of a child commits custodial interference if, during a period of time when the individual is not entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from an individual who is entitled to custody of the child, with the intent to interfere with the custody of the child.

(3)(a) A violation of Subsection (2) is a class B misdemeanor.

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if the actor:

(i) commits custodial interference; and

(ii) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (3)(b)(i) occurs.

(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a felony of the third degree if, during the course of the custodial interference, the actor removes, causes the removal, or directs the removal of the child from the state.

(4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:

(a) the action is consented to by the individual whose custody or visitation of the child was interfered with; or

(b)(i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and

(ii) before engaging in the action, the actor reports the actor’s intention to engage in the action, and the basis for the belief described in Subsection (4)(b)(i), to the Division of Child and Family Services or law enforcement.

76-5-304. Unlawful detention and unlawful detention of a minor

Updated: 
September 19, 2024

(1) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of the victim, detains or restrains the victim under circumstances not constituting a violation of:

(a) kidnapping, Section 76-5-301; or

(b) child kidnapping, Section 76-5-301.1.

(2) An actor commits unlawful detention of a minor if the actor intentionally or knowingly, without authority of law, and against the will of the victim, coerces or exerts influence over the victim with the intent to cause the victim to remain with the actor for an unreasonable period of time under the circumstances, and:

(a) the act is under circumstances not constituting a violation of:

(i) kidnapping, Section 76-5-301; or

(ii) child kidnapping, Section 76-5-301.1; and

(b) the actor is at least four or more years older than the victim.

(3) As used in this section, acting “against the will of the victim” includes acting without the consent of the legal guardian or custodian of a victim who is:

(a) a mentally incompetent person; or

(b) a minor who is 14 or 15 years of age.

(4) Unlawful detention is a class B misdemeanor.

Part 4. Sexual Offenses

Updated: 
September 19, 2024

76-5-402. Rape--Penalties

Updated: 
September 19, 2024

(1) Terms defined in Section 76-1-101.5 apply to this section.

(2)(a) An actor commits rape if the actor has sexual intercourse with another individual without the individual’s consent.

(b) Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).

(c) This section applies whether or not the actor is married to the individual.

(3) A violation of Subsection (2) is a felony of the first degree, punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that:

(i) during the course of the commission of the rape the defendant caused serious bodily injury to the victim; or

(ii) at the time of the commission of the rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the rape the defendant was previously convicted of a grievous sexual offense.

(4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a defendant is sentenced under Subsection (3)(a) or (c).

(6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.

76-5-403. Forcible sodomy--Penalties

Updated: 
September 19, 2024

(1)(a) As used in this section, “sodomy” means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and the mouth or anus of another individual.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2)(a) An actor commits forcible sodomy when the actor commits sodomy upon another individual without the other individual’s consent.

(b) Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).

(3) A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:

(a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;

(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that:

(i) during the course of the commission of the forcible sodomy the defendant caused serious bodily injury to the victim; or

(ii) at the time of the commission of the rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or

(c) life without parole, if the trier of fact finds that at the time of the commission of the forcible sodomy the defendant was previously convicted of a grievous sexual offense.

(4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(a) 10 years and which may be for life; or

(b) six years and which may be for life.

(5) The provisions of Subsection (4) do not apply when a defendant is sentenced under Subsection (3)(a) or (c).

(6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.

Chapter 5b. Sexual Explotation Act

Updated: 
September 19, 2024

Part 2. Sexual Explotation

Updated: 
September 19, 2024

76-5b-201. Sexual exploitation of a minor--Offenses

Updated: 
September 19, 2024

(1) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits sexual exploitation of a minor when the actor knowingly possesses or intentionally views child sexual abuse material.
 

(3)(a) A violation of Subsection (2) is a second degree felony.
 

(b) It is a separate offense under this section:
 

(i) for each minor depicted in the child sexual abuse material; and
 

(ii) for each time the same minor is depicted in different child sexual abuse material.
 

(4) For a charge of violating this section, it is an affirmative defense that:
 

(a) the defendant:
 

(i) did not solicit the child sexual abuse material from the minor depicted in the child sexual abuse material;
 

(ii) is not more than two years older than the minor depicted in the child sexual abuse material; and
 

(iii) upon request of a law enforcement agent or the minor depicted in the child sexual abuse material, removes from an electronic device or destroys the child sexual abuse material and all copies of the child sexual abuse material in the defendant’s possession; and
 

(b) the child sexual abuse material does not depict an offense under Chapter 5, Part 4, Sexual Offenses.
 

(5) In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.
 

(6) The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201:
 

(a) an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
 

(i) reporting or data preservation duties required under federal or state law; or
 

(ii) implementing a policy of attempting to prevent the presence of child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of child sexual abuse material on the property;
 

(b) a law enforcement officer acting within the scope of a criminal investigation;
 

(c) an employee of a court who may be required to view child sexual abuse material during the course of and within the scope of the employee’s employment;
 

(d) a juror who may be required to view child sexual abuse material during the course of the individual’s service as a juror;
 

(e) an attorney or employee of an attorney who is required to view child sexual abuse material during the course of a judicial process and while acting within the scope of employment;
 

(f) an employee of the Department of Health and Human Services who is required to view child sexual abuse material within the scope of the employee’s employment; or
 

(g) an attorney who is required to view child sexual abuse material within the scope of the attorney’s responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.

76-5b-201.1. Aggravated sexual exploitation of a minor

Updated: 
September 19, 2024

(1) As used in this section:
 

(a) “Physical abuse” or “physically abused” means the same as the term “physical abuse” is defined in Section 80-1-102.
 

(b) The terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits aggravated sexual exploitation of a minor if the actor:
 

(a) intentionally distributes child sexual abuse material;
 

(b) knowingly produces child sexual abuse material; or
 

(c) is the minor’s parent or legal guardian and knowingly consents to or permits the minor to be sexually exploited as described in Subsection (2)(a) or (b) or Section 76-5b-201.
 

(3)(a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a first degree felony.
 

(b) If an actor is under 18 years old at the time of the offense, a violation of Subsection (2) is a second degree felony.
 

(c) A violation of Subsection (2)(a) is a second degree felony if the child sexual abuse material depicts an individual who is:
 

(i) 14 years old or older; or
 

(ii) pubescent.
 

(4) It is a separate offense under this section:
 

(a) for each minor depicted in the child sexual abuse material; and
 

(b) for each time the same minor is depicted in different child sexual abuse material.
 

(5) In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.
 

(6) The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201:
 

(a) an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
 

(i) reporting or data preservation duties required under federal or state law; or
 

(ii) implementing a policy of attempting to prevent the presence of child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of child sexual abuse material on the property;
 

(b) a law enforcement officer acting within the scope of a criminal investigation;
 

(c) an employee of a court who may be required to view child sexual abuse material during the course of and within the scope of the employee’s employment;
 

(d) a juror who may be required to view child sexual abuse material during the course of the individual’s service as a juror;
 

(e) an attorney or employee of an attorney who is required to view child sexual abuse material during the course of a judicial process and while acting within the scope of employment;
 

(f) an employee of the Department of Health and Human Services who is required to view child sexual abuse material within the scope of the employee’s employment; or
 

(g) an attorney who is required to view child sexual abuse material within the scope of the attorney’s responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.

76-5b-202. Sexual exploitation of a vulnerable adult--Offenses

Updated: 
September 19, 2024

(1) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits sexual exploitation of a vulnerable adult if the actor:
 

(a)(i)(A) knowingly produces, possesses, or possesses with intent to distribute material that the actor knows is vulnerable adult sexual abuse material; or
 

(B) intentionally distributes or views material that the actor knows is vulnerable adult sexual abuse material; and
 

(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult sexual abuse material lacks capacity to consent to the conduct described in Subsection (2)(a); or
 

(b) is a vulnerable adult’s legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (2)(a).
 

(3)(a) A violation of Subsection (2) is a third degree felony.
 

(b) It is a separate offense under this section:
 

(i) for each vulnerable adult depicted in the vulnerable adult sexual abuse material; and
 

(ii) for each time the same vulnerable adult is depicted in different vulnerable adult sexual abuse material.
 

(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
 

(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
 

(6) This section may not be construed to impose criminal or civil liability on:
 

(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:
 

(i) reporting or data preservation duties required under any federal or state law; or
 

(ii) implementing a policy of attempting to prevent the presence of vulnerable adult sexual abuse material on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult sexual abuse material on the property; or
 

(b) any law enforcement officer acting within the scope of a criminal investigation.

76-5b-203. Distribution of an intimate image--Penalty

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image, picture, or video, whether made or produced by electronic, mechanical, or other means, that depicts:
 

(A) exposed human male or female genitals or pubic area, with less than an opaque covering;
 

(B) a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
 

(C) the individual engaged in any sexually explicit conduct.
 

(ii) “Sexually explicit conduct” means actual or simulated:
 

(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;
 

(B) masturbation;
 

(C) bestiality;
 

(D) sadistic or masochistic activities;
 

(E) exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
 

(F) visual depiction of nudity or partial nudity;
 

(G) fondling or touching of the genitals, pubic region, buttocks, or female breast; or
 

(H) explicit representation of the defecation or urination functions.
 

(iii) “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
 

(iv) “Single criminal episode” means the same as that term is defined in Section 76-1-401.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2)(a) An actor commits the offense of distribution of an intimate image if:
 

(i) the actor knowingly or intentionally distributes to a third party, or knowingly duplicates or copies an intimate image of an individual who is 18 years old or older and knows or should know that the distribution, duplication or copying would cause a reasonable person to suffer emotional distress or harm;
 

(ii) the actor has not received consent from the individual depicted in the image to distribute the intimate image;
 

(iii) the intimate image was created by or provided to the actor under circumstances in which the individual depicted in the image has a reasonable expectation of privacy; and
 

(iv) except as provided in Subsection (2)(b), actual emotional distress or harm is caused to the individual depicted in the image as a result of the distribution.
 

(b) Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a) if:
 

(i) the individual depicted in the intimate image was the victim of a crime;
 

(ii) the intimate image was provided to law enforcement as part of an investigation or prosecution of a crime committed against the victim;
 

(iii) the intimate image was distributed without a legitimate law enforcement or investigative purpose by an individual who had access to the intimate image due to the individual’s association with the investigation or prosecution described in Subsection (2)(b)(ii); and
 

(iv) the victim is incapacitated or deceased.
 

(3)(a) A violation of Subsection (2) is a class A misdemeanor.
 

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony on a second or subsequent conviction for an offense under this section that does not arise from a single criminal episode.
 

(4) This section does not apply to:
 

(a) except as provided in Section 76-5b-203.5:
 

(i) lawful practices of law enforcement agencies;
 

(ii) prosecutorial agency functions;
 

(iii) the reporting of a criminal offense;
 

(iv) court proceedings or any other judicial proceeding; or
 

(v) lawful and generally accepted medical practices and procedures;
 

(b) an intimate image if the individual portrayed in the image voluntarily allows public exposure of the image;
 

(c) an intimate image that is portrayed in a lawful commercial setting; or
 

(d) an intimate image that is related to a matter of public concern or interest.
 

(5)(a) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
 

(i) the distribution of an intimate image by the Internet service provider occurs only incidentally through the provider’s function of:
 

(A) transmitting or routing data from one person to another person; or
 

(B) providing a connection between one person and another person;
 

(ii) the provider does not intentionally aid or abet in the distribution of the intimate image; and
 

(iii) the provider does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the intimate image.
 

(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
 

(i) the distribution of an intimate image by the hosting company occurs only incidentally through the hosting company’s function of providing data storage space or data caching to a person;
 

(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and
 

(iii) the hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
 

(c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.

76-5b-203.5. Misuse of intimate image during a criminal action

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Criminal action” means the same as that term is defined in Section 77-1-3.
 

(ii) “Intimate image” means the same as that term is defined in Section 76-5b-203.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2) An actor commits misuse of an intimate image during a criminal action if the actor:
 

(a) obtains access to an intimate image in the course of a criminal action; and
 

(b) intentionally displays, duplicates, copies, or shares the intimate image, unless:
 

(i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;
 

(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
 

(iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.
 

(3) A violation of Subsection (2) is:
 

(a) a class A misdemeanor for a first offense; or
 

(b) a third degree felony for each subsequent offense.
 

(4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual’s violation of this section.

76-5b-204. Sexual extortion--Penalties

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Adult” means an individual 18 years old or older.
 

(ii) “Child” means any individual under the age of 18.
 

(iii) “Intimate image” means the same as that term is defined in Section 76-5b-203.
 

(iv) “Position of special trust” means the same as that term is defined in Section 76-5-404.1.
 

(v) “Sexually explicit conduct” means the same as that term is defined in Section 76-5b-203.
 

(vi) “Simulated sexually explicit conduct” means the same as that term is defined in Section 76-5b-203.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2)(a) An actor commits the offense of sexual extortion if the actor:
 

(i) with an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual naked or engaged in sexually explicit conduct, communicates by any means a threat:
 

(A) to the victim’s person, property, or reputation; or
 

(B) to distribute an intimate image or video of the victim;
 

(ii) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual naked or engaged in sexually explicit conduct by means of a threat:
 

(A) to the victim’s person, property, or reputation; or
 

(B) to distribute an intimate image or video of the victim; or
 

(iii) with intent to obtain a thing of value from a victim communicates, by any means, a threat to distribute an intimate image or video of the victim.
 

(b) An actor commits aggravated sexual extortion when, in conjunction with the offense described in Subsection (2)(a), any of the following circumstances have been charged and admitted or found true in the action for the offense:
 

(i) the victim is a child or vulnerable adult;
 

(ii) the offense was committed by the use of a dangerous weapon or by violence, intimidation, menace, fraud, or threat of physical harm, or was committed during the course of a kidnapping;
 

(iii) the actor caused bodily injury or severe psychological injury to the victim during or as a result of the offense;
 

(iv) the actor was a stranger to the victim or became a friend of the victim for the purpose of committing the offense;
 

(v) the actor, before sentencing for the offense, was previously convicted of any sexual offense;
 

(vi) the actor occupied a position of special trust in relation to the victim;
 

(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling; or
 

(viii) the actor caused the penetration, however slight, of the genital or anal opening of the victim by any part or parts of the human body, or by any other object.
 

(3)(a) If the actor is an adult:
 

(i) A violation of Subsection (2)(a) is a third degree felony.
 

(ii) A violation of Subsection (2)(b) in which the victim is an adult is a second degree felony.
 

(iii) A violation of Subsection (2)(b) in which the victim is a child or a vulnerable adult is a first degree felony.
 

(b) If the actor is a child:
 

(i) A violation of Subsection (2)(a) is a class A misdemeanor.
 

(ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a two-year age gap between the actor and the victim.
 

(c) An actor commits a separate offense under this section:
 

(i) for each victim the actor subjects to the offense outlined in Subsection (2)(a); and
 

(ii) for each separate time the actor subjects a victim to the offense outlined Subsection (2)(a).
 

(d) This section does not preclude an actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the individual violates or attempts to violate this section.
 

(4) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to liability under this section related to content provided by a user of the interactive computer service.

76-5b-205. Unlawful distribution of a counterfeit intimate image--Penalty

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “Child” means an individual under 18 years old.
 

(ii) “Counterfeit intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that has been edited, manipulated, generated, or altered to depict the likeness of an identifiable individual and purports to, or is made to appear to, depict that individual’s:
 

(A) exposed human male or female genitals or pubic area, with less than an opaque covering;
 

(B) a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
 

(C) the individual engaged in any sexually explicit conduct or simulated sexually explicit conduct.
 

(iii) “Distribute” means the same as that term is defined in Section 76-5b-203.
 

(iv) “Sexually explicit conduct” means the same as that term is defined in Section 76-5b-203.
 

(v) “Simulated sexually explicit conduct” means the same as that term is defined in Section 76-5b-203.
 

(vi) “Single criminal episode” means the same as that term is defined in Section 76-1-401.
 

(b) Terms defined in Section 76-1-101.5 apply to this section.
 

(2)(a) An actor commits the offense of unlawful distribution of a counterfeit intimate image if the actor knowingly or intentionally distributes a counterfeit intimate image that the actor knows or should reasonably know would cause a reasonable person to suffer emotional or physical distress or harm, if:
 

(i) the actor has not received consent from the depicted individual to distribute the counterfeit intimate image; and
 

(ii) the counterfeit intimate image was created or provided by the actor without the knowledge and consent of the depicted individual.
 

(b) An actor who is 18 years old or older commits aggravated unlawful distribution of a counterfeit intimate image if, in committing the offense described in Subsection (2)(a), the individual depicted in the counterfeit intimate image is a child.
 

(3)(a)(i) A violation of Subsection (2)(a) that is knowing or intentional is a class A misdemeanor.
 

(ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is knowing or intentional is a third degree felony on a second or subsequent conviction for an offense under this section that does not arise from a single criminal episode.
 

(b)(i) A violation of Subsection (2)(b) that is knowing or intentional is a third degree felony.
 

(ii) Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is knowing or intentional is a second degree felony on a second or subsequent conviction for an offense under this section that does not arise from a single criminal episode.
 

(c) This section does not apply to an actor who engages in conduct that constitutes a violation of this section to the extent that the actor is chargeable, for the same conduct, under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual exploitation of a minor.
 

(4) This section does not apply to:
 

(a)(i) lawful practices of law enforcement agencies;
 

(ii) prosecutorial agency functions;
 

(iii) the reporting of a criminal offense;
 

(iv) court proceedings or any other judicial proceeding; or
 

(v) lawful and generally accepted medical practices and procedures;
 

(b) a counterfeit intimate image if the individual depicted in the image voluntarily allows public exposure of the image;
 

(c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
 

(d) a counterfeit intimate image that is related to a matter of public concern or interest or protected by the First Amendment to the United States Constitution or Article I, Sections 1 and 15 of the Utah Constitution.
 

(5)(a) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
 

(i) the distribution of a counterfeit intimate image by the Internet service provider occurs only incidentally through the provider’s function of:
 

(A) transmitting or routing data from one person to another person; or
 

(B) providing a connection between one person and another person;
 

(ii) the provider does not intentionally aid or abet in the distribution of the counterfeit intimate image; and
 

(iii) the provider does not knowingly receive from or through a person who distributes the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the counterfeit intimate image.
 

(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
 

(i) the distribution of a counterfeit intimate image by the hosting company occurs only incidentally through the hosting company’s function of providing data storage space or data caching to a person;
 

(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the counterfeit intimate image;
 

(iii) the hosting company does not knowingly receive from or through a person who distributes the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the counterfeit intimate image; and
 

(iv) the hosting company immediately removes the counterfeit intimate image upon notice from a law enforcement agency, prosecutorial agency, or the individual purportedly depicted in the counterfeit intimate image.
 

(c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.

Chapter 6. Offenses Against Property

Updated: 
September 19, 2024

Part 1. Property Destruction

Updated: 
September 19, 2024

76-6-108. Damage to or interruption of a communication device--Penalty

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Communication device” means any device, including a telephone, cellular telephone, computer, or radio, which may be used in an attempt to summon police, fire, medical, or other emergency aid.

(ii) “Emergency aid” means aid or assistance, including law enforcement, fire, or medical services, commonly summoned by persons concerned with imminent or actual:

(A) jeopardy to any person’s health or safety; or

(B) damage to any person’s property.

(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

(2) An actor commits damage to or interruption of a communication device if the actor attempts to prohibit or interrupt, or prohibits or interrupts, another person’s use of a communication device when the other person is attempting to summon emergency aid or has communicated a desire to summon emergency aid, and in the process the actor:

(a) uses force, intimidation, or any other form of violence;

(b) destroys, disables, or damages a communication device; or

(c) commits any other act in an attempt to prohibit or interrupt the person’s use of a communication device to summon emergency aid.

(3) A violation of Subsection (2) is a class B misdemeanor.

Part 2. Burglary and Criminal Trespass

Updated: 
September 19, 2024

76-6-202. Burglary

Updated: 
September 19, 2024

(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

(2) An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit:

(a) a felony;

(b) theft;

(c) an assault on any person;

(d) lewdness, in violation of Section 76-9-702;

(e) sexual battery, in violation of Section 76-9-702.1;

(f) lewdness involving a child, in violation of Section 76-9-702.5; or

(g) voyeurism, in violation of Section 76-9-702.7.

(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.

(b) A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling.

(4) A violation of this section is a separate offense from any of the offenses listed in Subsections (2)(a) through (g), and which may be committed by the actor while in the building.

76-6-206. Criminal trespass

Updated: 
September 19, 2024

(1)(a) As used in this section:

(i) “Enter” means intrusion of the entire body or the entire unmanned aircraft.

(ii) “Graffiti” means the same as that term is defined in Section 76-6-101.

(iii) “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when:

(A) the private property or any portion of the private property is not open to the public; and

(B) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.

(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.

(2) An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another;

(b) knowing the actor’s or unmanned aircraft’s entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:

(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders;

(c) the actor enters a condominium unit in violation of Section 57-8-7(8); or

(d) the actor enters a sex-designated changing room in violation of Subsection 63G-31-302(3).

(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a), (b), or (d) is a class B misdemeanor.

(b) The following is a class A misdemeanor:

(i) if a violation of Subsection (2)(a) or (b) is committed in a dwelling;

(ii) if a violation of Subsection (2)(d) is committed while also committing the offense of:

(A) lewdness under Section 76-9-702;

(B) lewdness involving a child under Section 76-9-702.5;

(C) voyeurism under Section 76-9-702.7; or

(D) loitering in a privacy space under Section 76-9-702.8; or

(iii) if a violation of Subsection (2)(d) is committed in a sex-designated privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the actor’s sex.

(c) A violation of Subsection (2)(c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was at the time open to the public; and

(b) the defendant complied with all lawful conditions imposed on access to or remaining on the property.

(5) In addition to an order for restitution under Section 77-38b-205, an actor who commits a violation of Subsection (2) may also be liable for:

(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and

(b) reasonable attorney fees not to exceed $250, and court costs.

(6) Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner’s assignee.

Part 3. Robbery

Updated: 
September 19, 2024

76-6-301. Robbery

Updated: 
September 19, 2024

(1)(a) As used in this section, an act is considered to be “in the course of committing a theft or unauthorized possession of property” if the act occurs:

(i) in the course of an attempt to commit theft or unauthorized possession of property;

(ii) in the commission of theft or unauthorized possession of property; or

(iii) in the immediate flight after the attempt or commission.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits robbery if the actor:

(a) unlawfully and intentionally takes or attempts to take personal property in the possession of an individual from the individual’s person, or immediate presence, against the individual’s will, by means of force or fear, and with a purpose or intent to deprive the individual permanently or temporarily of the personal property; or

(b) intentionally or knowingly uses force or fear of immediate force against an individual in the course of committing a theft or unauthorized possession of property.

(3) A violation of Subsection (2) is a second degree felony.

Part 11. Identity Fraud Act

Updated: 
September 19, 2024

76-6-1102 Identity fraud crime

Updated: 
September 19, 2024

(1) Terms defined in Sections 76-1-101.5 and 76-6-1101 apply to this section.

(2) An actor commits identity fraud if the actor knowingly or intentionally uses, or attempts to use, the personal identifying information of another person, whether that person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or medical information.

(3) A violation of Subsection (2) is:

(a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the credit, goods, services, employment, or any other thing of value is less than $5,000; or

(b) a second degree felony if:

(i) the value of the credit, goods, services, employment, or any other thing of value is or exceeds $5,000; or

(ii) the use described in Subsection (2) of personal identifying information results, directly or indirectly, in bodily injury to another person.

(4)(a) It is not a defense to a violation of Subsection (2) that the actor did not know that the personal information belonged to another person.

(b) Multiple violations of Subsection (2) may be aggregated into a single offense, and the degree of the offense is determined by the total value of all credit, goods, services, or any other thing of value used, or attempted to be used, through the multiple violations.

(5)(a) If a defendant is convicted of a violation of this section, the court shall order the defendant to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.

(b) Restitution under Subsection (5)(a) may include:

(i) payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and

(ii) the value of the victim’s time incurred due to the offense:

(A) in clearing the victim’s credit history or credit rating;

(B) in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and

(C) in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.

Chapter 8. Offenses Against the Administration of Government

Updated: 
September 19, 2024

Part 5. Falsification in Official Matters

Updated: 
September 19, 2024

76-8-508. Tampering with witness

Updated: 
September 19, 2024

(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
 

(2) An actor commits tampering with a witness if the actor:
 

(a)(i) believes that an official proceeding or investigation is pending or about to be instituted; or
 

(ii) intends to prevent an official proceeding or investigation; and
 

(b) attempts to induce or otherwise cause another individual to:
 

(i) testify or inform falsely;
 

(ii) withhold testimony, information, a document, or an item;
 

(iii) elude legal process summoning the individual to provide evidence; or
 

(iv) absent the individual from a proceeding or investigation to which the individual has been summoned.
 

(3) A violation of Subsection (2) is a third degree felony.
 

(4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.

76-8-508.3. Retaliation against a witness, victim, or informant

Updated: 
September 19, 2024

(1)(a) As used in this section:
 

(i) “An individual closely associated with a witness, victim, or informant ” means an individual who is a member of the witness’s, victim’s, or informant’s family, has a close personal or business relationship with the witness or victim, or resides in the same household with the witness, victim, or informant.
 

(ii) “Harm” means physical, emotional, or economic injury or damage to a person or to his property, reputation, or business interests.
 

(b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
 

(2) An actor commits retaliation against a witness, victim, or informant if the actor:
 

(a) believes that an official proceeding or investigation is pending, is about to be brought, or has been concluded:
 

(b) makes a threat of harm or causes harm; and
 

(c) directs the threat or action causing harm as retaliation or retribution against a witness or an informant involved in an official proceeding, a victim of a crime, or an individual closely associated with a witness, victim, or informant.
 

(3) A violation of Subsection (2) is a third degree felony.
 

(4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.
 

(5) This section does not prohibit an individual from seeking other legal redress to which the individual is otherwise entitled.

76-8-508.7. Receiving or soliciting a bribe as a witness

Updated: 
September 19, 2024

(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.

(2) An actor commits receiving or soliciting a bribe as a witness if the actor:

(a) believes that an official proceeding or investigation is pending or about to be instituted; and

(b) solicits, accepts, or agrees to accept a benefit in consideration of the actor:

(i) testifying or informing falsely;

(ii) withholding testimony, information, a document, or an item;

(iii) eluding legal process summoning the actor to provide evidence; or

(iv) absenting the actor from a proceeding or investigation to which the actor has been summoned.

(3) A violation of Subsection (2) is a third degree felony.

(4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.

Chapter 9. Offenses Against Public Order and Decency

Updated: 
September 19, 2024

Part 1. Breaches of the Peace and Related Offenses

Updated: 
September 19, 2024

76-9-102. Disorderly conduct

Updated: 
September 19, 2024

(1) As used in this section:

(a) “Official meeting” means:

(i) a meeting, as defined in Section 52-4-103;

(ii) a meeting of the Legislature, the Utah Senate, the Utah House of Representatives, a legislative caucus, or any committee, task force, working group, or other organization in the state legislative branch; or

(iii) a meeting of an entity created by the Utah Constitution, Utah Code, Utah administrative rule, legislative rule, or a written rule or policy of the Legislative Management Committee.

(b) “Public place” means a place to which the public or a substantial group of the public has access, including:

(i) streets or highways; and

(ii) the common areas of schools, hospitals, apartment houses, office buildings, public buildings, public facilities, transport facilities, and shops.

(2) An individual is guilty of disorderly conduct if:

(a) the individual refuses to comply with the lawful order of a law enforcement officer to move from a public place or an official meeting, or knowingly creates a hazardous or physically offensive condition, by any act that serves no legitimate purpose; or

(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of public inconvenience, annoyance, or alarm, the person:

(i) engages in fighting or in violent, tumultuous, or threatening behavior;

(ii) makes unreasonable noises in a public place or an official meeting;

(iii) makes unreasonable noises in a private place which can be heard in a public place or an official meeting; or

(iv) obstructs vehicular or pedestrian traffic in a public place or an official meeting.

(3) The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

(4) An individual who violates this section is guilty of:

(a) except as provided in Subsection (4)(b), (c), or (d), an infraction;

(b) except as provided in Subsection (4)(c) or (d), a class C misdemeanor, if the violation occurs after the individual has been asked to cease conduct prohibited under this section;

(c) except as provided in Subsection (4)(d), a class B misdemeanor, if:

(i) the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii) within five years before the day on which the individual violates this section, the individual was previously convicted of a violation of this section; or

(d) a class A misdemeanor, if:

(i) the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii) within five years before the day on which the individual violates this section, the individual was previously convicted of two or more violations of this section.

Part 2. Telephone Abuse

Updated: 
September 19, 2024

76-9-201. Electronic communication harassment--Definitions--Penalties

Updated: 
September 19, 2024

(1) As used in this section:
 

(a)(i) “Adult” means an individual 18 years old or older.
 

(ii) “Adult” does not include an individual who is 18 years old and enrolled in high school.
 

(b) “Electronic communication” means a communication by electronic, electro-mechanical, or electro-optical communication device for the transmission and reception of audio, image, or text but does not include broadcast transmissions or similar communications that are not targeted at a specific individual.
 

(c) “Electronic communication device” includes a telephone, a facsimile machine, electronic mail, a pager, a computer, or another device or medium that can be used to communicate electronically.
 

(d)(i) “Minor” means an individual who is younger than 18 years old.
 

(ii) “Minor” includes an individual who is 18 years old and enrolled in high school.
 

(e) “Minor victim” means a minor who is a victim of a violation of Subsection (4).
 

(f) “Personal identifying information” means the same as that term is defined in Section 76-6-1101.
 

(2) Except to the extent the person’s conduct constitutes an offense under Section 76-9-203, a person is guilty of electronic communication harassment and subject to prosecution in the jurisdiction where the communication originated or was received if with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the person:
 

(a)(i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or
 

(ii) after the recipient has requested or informed the person not to contact the recipient, and the person repeatedly or continuously:
 

(A) contacts the electronic communication device of the recipient; or
 

(B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
 

(b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
 

(c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or
 

(d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.
 

(3) A person is guilty of electronic communication harassment if the person:
 

(a) electronically publishes, posts, or otherwise discloses personal identifying information of another individual in a public online site or forum with the intent to abuse, threaten, or disrupt the other individual’s electronic communication and without the other individual’s permission; or
 

(b) sends a communication by electronic mail, instant message, or other similar means, if:
 

(i) the communication references personal identifying information of another individual;
 

(ii) the person sends the communication:
 

(A) without the individual’s consent; and
 

(B) with the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication; and
 

(iii) with the intent to:
 

(A) cause an individual physical, emotional, or economic injury or damage; or
 

(B) defraud an individual.
 

(4) A person is guilty of electronic communication harassment if:
 

(a) the person:
 

(i) is an adult;
 

(ii) electronically publishes, posts, or otherwise discloses in a public online site or forum personal identifying information of a minor who is unrelated by blood, marriage, or adoption to the person; and
 

(iii) knows of, but consciously disregards, a substantial and unjustifiable risk that performing the action described in Subsection (4)(a)(ii) will result in the minor being the victim of an offense described in Title 76, Chapter 5, Offenses Against the Individual; and
 

(b) the minor described in Subsection (4)(a)(ii) is aware of the person’s action described in Subsection (4)(a)(ii).
 

(5)(a) Except as provided in Subsection (5)(b), a violation of Subsection (2) or (3) is a class B misdemeanor.
 

(b) A second or subsequent violation of Subsection (2) or (3) is a class A misdemeanor.
 

(c) A violation of Subsection (4) is a class A misdemeanor.
 

(6)(a) Except as provided under Subsection (6)(b), criminal prosecution under this section does not affect an individual’s right to bring a civil action for damages suffered as a result of the commission of an offense under this section.
 

(b) This section does not create a civil cause of action based on electronic communications made for legitimate business purposes.
 

(7)(a) A minor victim has a civil right of action against an actor who violates Subsection (4).
 

(b) A minor victim who brings a successful civil action under Subsection (7)(a) is entitled to recover from the actor:
 

(i) damages resulting from the violation of Subsection (4);
 

(ii) reasonable attorney fees; and
 

(iii) court costs.

76-9-203. Penalty for online impersonation

Updated: 
September 19, 2024

(1) As used in this section:

(a) “Commercial social networking website” means a person who operates a website that allows a person to register as a user for the purpose of:

(i) establishing a personal relationship with one or more other users through direct or real time communication with the other user; or

(ii) the creation of web pages or profiles available to the public or to other users.

(b) “Commercial social networking website” does not include an electronic mail program or a message board program.

(2) It is a criminal offense for a person to use the name or persona of an individual:

(a) without the individual’s consent;

(b)(i) to create a web page on a commercial social networking website or other website; or

(ii) to post or send a message on or through a commercial social networking website or other website, other than on or through an electronic mail program or message board program;

(c) with the intent to cause an individual to reasonably believe that the individual whose name or persona is used authorized or performed the applicable action described in Subsection (2)(b); and

(d) with the intent to harm, defraud, intimidate, or threaten any individual.

(3)(a) An offense under this section is a class A misdemeanor.

(b) A second or subsequent offense under this section is a third degree felony.

(4) It is a defense to prosecution under this section that the person is one of the following entities or that the person’s conduct consisted solely of action taken as an employee of one of the following entities:

(a) a commercial social networking website;

(b) an Internet service provider;

(c) an interactive computer service, as defined in 47 U.S.C. Sec. 230;

(d) a telecommunications provider, as defined in Section 10-1-402;

(e) a cable television service;

(f) an entity that provides cable television service, as defined in Section 10-18-102; or

(g) a law enforcement agency engaged in lawful practices.

Part 3. Cruelty to Animals

Updated: 
September 19, 2024

76-9-301. Cruelty to animals

Updated: 
September 19, 2024

(1) As used in this section:

(a)(i) “Abandon” means to intentionally deposit, leave, or drop off any live animal:

(A) without providing for the care of that animal, in accordance with accepted animal husbandry practices or customary farming practices; or

(B) in a situation where conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal.

(ii) “Abandon” does not include returning wildlife to its natural habitat.

(b)(i) “Animal” means, except as provided in Subsection (1)(b)(ii), a live, nonhuman vertebrate creature.

(ii) “Animal” does not include:

(A) a live, nonhuman vertebrate creature, if:

(I) the conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices; and

(II) the creature is:

(Aa) owned or kept by a zoological park that is accredited by, or a member of, the American Zoo and Aquarium Association;

(Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or

(Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the United States Department of Agriculture under 7 U.S.C. 2133;

(B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo purposes, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted rodeo practices;

(C) livestock, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices or customary farming practices; or

(D) wildlife, as defined in Section 23-13-2, including protected and unprotected wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or trapping practices or other lawful practices.

(c) “Companion animal” means an animal that is a domestic dog or a domestic cat.

(d) “Custody” means ownership, possession, or control over an animal.

(e) “Legal privilege” means an act that:

(i) is authorized by state law, including Division of Wildlife Resources rules; and

(ii) is not in violation of a local ordinance.

(f) “Livestock” means:

(i) domesticated:

(A) cattle;

(B) sheep;

(C) goats;

(D) turkeys;

(E) swine;

(F) equines;

(G) camelidae;

(H) ratites; or

(I) bison;

(ii) domesticated elk, as defined in Section 4-39-102;

(iii) a livestock guardian dog, as defined in Section 76-6-111; or

(iv) any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic poultry, raised, kept, or used for agricultural purposes.

(g) “Necessary food, water, care, or shelter” means the following, taking into account the species, age, and physical condition of the animal:

(i) appropriate and essential food and water;

(ii) adequate protection, including appropriate shelter, against extreme weather conditions; and

(iii) other essential care.

(h) “Torture” means intentionally or knowingly causing or inflicting extreme physical pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner.

(2) Except as provided in Subsection (4) or (6), a person is guilty of cruelty to an animal if the person, without legal privilege to do so, intentionally, knowingly, recklessly, or with criminal negligence:

(a) fails to provide necessary food, water, care, or shelter for an animal in the person’s custody;

(b) abandons an animal in the person’s custody;

(c) injures an animal;

(d) causes any animal, not including a dog or game fowl, to fight with another animal of like kind for amusement or gain; or

(e) causes any animal, including a dog or game fowl, to fight with a different kind of animal or creature for amusement or gain.

(3) Except as provided in Section 76-9-301.7, a violation of Subsection (2) is:

(a) a class B misdemeanor if committed intentionally or knowingly; and

(b) a class C misdemeanor if committed recklessly or with criminal negligence.

(4) A person is guilty of aggravated cruelty to an animal if the person:

(a) tortures an animal;

(b) administers, or causes to be administered, poison or a poisonous substance to an animal; or

(c) kills an animal or causes an animal to be killed without having a legal privilege to do so.

(5) Except as provided in Subsection (6) or Section 76-9-301.7, a violation of Subsection (4) is:

(a) a class A misdemeanor if committed intentionally or knowingly;

(b) a class B misdemeanor if committed recklessly; and

(c) a class C misdemeanor if committed with criminal negligence.

(6) A person is guilty of a third degree felony if the person intentionally or knowingly tortures a companion animal.

(7) It is a defense to prosecution under this section that the conduct of the actor towards the animal was:

(a) by a licensed veterinarian using accepted veterinary practice;

(b) directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved;

(c) permitted under Section 18-1-3;

(d) by a person who humanely destroys any animal found suffering past recovery for any useful purpose; or

(e) by a person who humanely destroys any apparently abandoned animal found on the person’s property.

(8) For purposes of Subsection (7)(d), before destroying the suffering animal, the person who is not the owner of the animal shall obtain:

(a) the judgment of a veterinarian of the animal’s nonrecoverable condition;

(b) the judgment of two other persons called by the person to view the unrecoverable condition of the animal in the person’s presence;

(c) the consent from the owner of the animal to the destruction of the animal; or

(d) a reasonable conclusion that the animal’s suffering is beyond recovery, through the person’s own observation, if the person is in a location or circumstance where the person is unable to contact another person.

(9) This section does not affect or prohibit:

(a) the training, instruction, and grooming of animals, if the methods used are in accordance with accepted animal husbandry practices or customary farming practices;

(b) the use of an electronic locating or training collar by the owner of an animal for the purpose of lawful animal training, lawful hunting practices, or protecting against loss of that animal; or

(c) the lawful hunting of, fishing for, or trapping of, wildlife.

(10) County and municipal governments may not prohibit the use of an electronic locating or training collar.

(11) Upon conviction under this section, the court may in its discretion, in addition to other penalties:

(a) order the defendant to be evaluated to determine the need for psychiatric or psychological counseling, to receive counseling as the court determines to be appropriate, and to pay the costs of the evaluation and counseling;

(b) require the defendant to forfeit any rights the defendant has to the animal subjected to a violation of this section and to repay the reasonable costs incurred by any person or agency in caring for each animal subjected to violation of this section;

(c) order the defendant to no longer possess or retain custody of any animal, as specified by the court, during the period of the defendant’s probation or parole or other period as designated by the court; and

(d) order the animal to be placed for the purpose of adoption or care in the custody of a county or municipal animal control agency or an animal welfare agency registered with the state to be sold at public auction or humanely destroyed.

(12) This section does not prohibit the use of animals in lawful training.

(13) A veterinarian who, acting in good faith, reports a violation of this section to law enforcement may not be held civilly liable for making the report.

Part 7. Miscellaneous Provisions

Updated: 
September 19, 2024

76-9-702.1. Sexual battery

Updated: 
September 19, 2024

(1) An actor is guilty of sexual battery if the actor, under circumstances not amounting to an offense under Subsection (2), intentionally touches, whether or not through clothing, the anus, buttocks, or any part of the genitals of another individual, or the breast of a female individual, and the actor’s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the individual touched.
 

(2) Offenses referred to in Subsection (1) are:
 

(a) rape under Section 76-5-402;
 

(b) rape of a child under Section 76-5-402.1;
 

(c) object rape under Section 76-5-402.2;
 

(d) object rape of a child under Section 76-5-402.3;
 

(e) forcible sodomy under Subsection 76-5-403(2);
 

(f) sodomy on a child under Section 76-5-403.1;
 

(g) forcible sexual abuse under Section 76-5-404;
 

(h) sexual abuse of a child under Section 76-5-404.1;
 

(i) aggravated sexual abuse of a child under Section 76-5-404.3;
 

(j) aggravated sexual assault under Section 76-5-405; and
 

(k) an attempt to commit an offense under this Subsection (2).
 

(3) Sexual battery is a class A misdemeanor.
 

(4)(a) For purposes of Subsection 77-41-102(19) only, a plea of guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
 

(b) This Subsection (4) also applies if the charge under this section has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

76-9-702.7. Voyeurism offenses--Penalties

Updated: 
September 19, 2024

(1) A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual:
 

(a) for the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;
 

(b) without the knowledge or consent of the individual; and
 

(c) under circumstances in which the individual has a reasonable expectation of privacy.
 

(2)(a) Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class A misdemeanor.
 

(b) The following is a third degree felony:
 

(i) a violation of Subsection (1) committed against a child under 14 years of age;
 

(ii) a violation of Subsection (1) committed while also committing the offense of:
 

(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);
 

(B) lewdness under Section 76-9-702;
 

(C) lewdness involving a child under Section 76-9-702.5; or
 

(D) loitering in a privacy space under Section 76-9-702.8; or
 

(iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the actor’s sex.
 

(3) Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.
 

(4) A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:
 

(a) with the intent of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;
 

(b) without the knowledge or consent of the individual; and
 

(c) under circumstances in which the individual has a reasonable expectation of privacy.
 

(5)(a) Except as provided in Subsection (5)(b), a violation of Subsection (4) is a class B misdemeanor.
 

(b) The following is a class A misdemeanor:
 

(i) a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor;
 

(ii) a violation of Subsection (4) committed while also committing the offense of:
 

(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);
 

(B) lewdness under Section 76-9-702;
 

(C) lewdness involving a child under Section 76-9-702.5; or
 

(D) loitering in a privacy space under Section 76-9-702.8; or
 

(iii) a violation of Subsection (4) committed in a sex-designated privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the actor’s sex.
 

(6) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.

Chapter 10. Offenses Against Public Health, Safety, Welfare, and Morals

Updated: 
September 19, 2024

Part 5. Weapons

Updated: 
September 19, 2024

76-10-501. Definitions

Updated: 
September 19, 2024

As used in this part:

(1)(a) “Antique firearm” means:

(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;

(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:

(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(B) uses rimfire or centerfire fixed ammunition which is:

(I) no longer manufactured in the United States; and

(II) is not readily available in ordinary channels of commercial trade; or

(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and

(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition.

(b) “Antique firearm” does not include:

(i) a weapon that incorporates a firearm frame or receiver;

(ii) a firearm that is converted into a muzzle loading weapon; or

(iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the:

(A) barrel;

(B) bolt;

(C) breechblock; or

(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).

(2) “Bureau” means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.

(3)(a) “Concealed firearm” means a firearm that is:

(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and

(ii) readily accessible for immediate use.

(b) A firearm that is unloaded and securely encased is not a concealed firearm for the purposes of this part.

(4) “Criminal history background check” means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business.

(5) “Curio or relic firearm” means a firearm that:

(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:

(i) sporting use;

(ii) use as an offensive weapon; or

(iii) use as a defensive weapon;

(b)(i) was manufactured at least 50 years before the current date; and

(ii) is not a replica of a firearm described in Subsection (5)(b)(i);

(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;

(d) derives a substantial part of its monetary value:

(i) from the fact that the firearm is:

(A) novel;

(B) rare; or

(C) bizarre; or

(ii) because of the firearm’s association with an historical:

(A) figure;

(B) period; or

(C) event; and

(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.

(6)(a) “Dangerous weapon” means:

(i) a firearm; or

(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.

(b) The following factors are used in determining whether any object, other than a firearm, is a dangerous weapon:

(i) the location and circumstances in which the object was used or possessed;

(ii) the primary purpose for which the object was made;

(iii) the character of the wound, if any, produced by the object’s unlawful use;

(iv) the manner in which the object was unlawfully used;

(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

(vi) the lawful purposes for which the object may be used.

(c) “Dangerous weapon” does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.

(7)(a) “Dating relationship” means a romantic or intimate relationship between individuals.

(b) “Dating relationship” does not include a casual acquaintanceship or ordinary fraternization in a business or social context.

(8) “Dealer” means a person who is:

(a) licensed under 18 U.S.C. Sec. 923; and

(b) engaged in the business of selling, leasing, or otherwise transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.

(9) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(10) “Enter” means intrusion of the entire body.

(11) “Federal Firearms Licensee” means a person who:

(a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and

(b) is engaged in the activities authorized by the specific category of license held.

(12)(a) “Firearm” means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

(b) As used in Sections 76-10-526 and 76-10-527, “firearm” does not include an antique firearm.

(13) “Firearms transaction record form” means a form created by the bureau to be completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.

(14) “Fully automatic weapon” means a firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.

(15)(a) “Handgun” means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.

(b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, “handgun” and “pistol or revolver” do not include an antique firearm.

(16) “House of worship” means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose.

(17) “Machinegun firearm attachment” means any part or combination of parts added to a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.

(18) “Prohibited area” means a place where it is unlawful to discharge a firearm.

(19) “Readily accessible for immediate use” means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person.

(20) “Residence” means an improvement to real property used or occupied as a primary or secondary residence.

(21) “Securely encased” means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.

(22) “Short barreled shotgun” or “short barreled rifle” means a shotgun having a barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

(23) “Shotgun” means a smooth bore firearm designed to fire cartridges containing pellets or a single slug.

(24) “Shoulder arm” means a firearm that is designed to be fired while braced against the shoulder.

(25) “Single criminal episode” means the same as that term is defined in Section 76-1-401.

(26) “Slug” means a single projectile discharged from a shotgun shell.

(27) “State entity” means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.

(28) “Violent felony” means the same as that term is defined in Section 76-3-203.5.

76-10-503. Restrictions on possession, purchase, transfer, and ownership of dangerous weapons by certain persons--Exceptions

Updated: 
September 19, 2024

(1) For purposes of this section:

(a) A Category I restricted person is a person who:

(i) has been convicted of a violent felony;

(ii) is on probation or parole for a felony;

(iii) is on parole from secure care, as defined in Section 80-1-102;

(iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5;

(v) is an alien who is illegally or unlawfully in the United States; or

(vi) is on probation for a conviction of possessing:

(A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;

(B) a controlled substance analog; or

(C) a substance listed in Section 58-37-4.2.

(b) A Category II restricted person is a person who:

(i) has been convicted of:

(A) a domestic violence offense that is a felony;

(B) a felony that is not a domestic violence offense or a violent felony and within seven years after completing the sentence for the conviction, has been convicted of or charged with another felony or class A misdemeanor;

(C) multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies and within seven years after completing the sentence for the convictions, has been convicted of or charged with another felony or class A misdemeanor; or

(D) multiple felonies that are not part of a single criminal episode;

(ii)(A) within the last seven years has completed a sentence for:

(I) a conviction for a felony that is not a domestic violence offense or a violent felony; or

(II) convictions for multiple felonies that are part of a single criminal episode and are not domestic violence offenses or violent felonies; and

(B) within the last seven years and after the completion of a sentence for a conviction described in Subsection (1)(b)(ii)(A), has not been convicted of or charged with another felony or class A misdemeanor;

(iii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;

(iv) is an unlawful user of a controlled substance as defined in Section 58-37-2;

(v) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;

(vi) has been found not guilty by reason of insanity for a felony offense;

(vii) has been found mentally incompetent to stand trial for a felony offense;

(viii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993),1 or has been committed to a mental institution;

(ix) has been dishonorably discharged from the armed forces;

(x) has renounced the individual’s citizenship after having been a citizen of the United States;

(xi) is a respondent or defendant subject to a protective order or child protective order that is issued after a hearing for which the respondent or defendant received actual notice and at which the respondent or defendant has an opportunity to participate, that restrains the respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate partner, and that:

(A) includes a finding that the respondent or defendant represents a credible threat to the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C. Sec. 921 or the child of the individual; or

(B) explicitly prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner; or

(xii) except as provided in Subsection (1)(d), has been convicted of the commission or attempted commission of misdemeanor assault under Section 76-5-102 or aggravated assault under Section 76-5-103 against an individual:

(A) who is a current or former spouse, parent, or guardian;

(B) with whom the restricted person shares a child in common;

(C) who is cohabitating or has cohabitated with the restricted person as a spouse, parent, or guardian;

(D) involved in a dating relationship with the restricted person within the last five years; or

(E) similarly situated to a spouse, parent, or guardian of the restricted person.

(c)(i) As used in this section, a conviction of a felony or adjudication of delinquency for an offense which would be a felony if committed by an adult does not include:

(A) a conviction or an adjudication under Section 80-6-701 for an offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices not involving theft or fraud; or

(B) a conviction or an adjudication under Section 80-6-701 which, in accordance with the law of the jurisdiction in which the conviction or adjudication occurred, has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or regarding which the person’s civil rights have been restored unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(ii) As used in this section, a conviction for misdemeanor assault under Subsection (1)(b)(xii), does not include a conviction which, in accordance with the law of the jurisdiction in which the conviction occurred, has been expunged, set aside, reduced to an infraction by court order, pardoned, or regarding which the person’s civil rights have been restored, unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(iii) It is the burden of the defendant in a criminal case to provide evidence that a conviction or an adjudication under Section 80-6-701 is subject to an exception provided in this Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the conviction or the adjudication is not subject to that exception.

(d) A person is not a restricted person for a conviction under Subsection (1)(b)(xii)(D) if:

(i) five years have elapsed from the later of:

(A) the day on which the conviction is entered;

(B) the day on which the person is released from incarceration following the conviction; or

(C) the day on which the person’s probation for the conviction is successfully terminated;

(ii) the person only has a single conviction for misdemeanor assault as described in Subsection (1)(b)(xii)(D); and

(iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).

(2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control:

(a) a firearm is guilty of a second degree felony; or

(b) a dangerous weapon other than a firearm is guilty of a third degree felony.

(3) A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control:

(a) a firearm is guilty of a third degree felony; or

(b) a dangerous weapon other than a firearm is guilty of a class A misdemeanor.

(4) A person may be subject to the restrictions of both categories at the same time.

(5) A Category I or Category II restricted person may not use an antique firearm for an activity regulated under Title 23A, Wildlife Resources Code of Utah.

(6) If a higher penalty than is prescribed in this section is provided in another section for one who purchases, transfers, possesses, uses, or has under this custody or control a dangerous weapon, the penalties of that section control.

(7) It is an affirmative defense to a charge based on the definition in Subsection (1)(b)(v) that the person was:

(a) in possession of a controlled substance pursuant to a lawful order of a practitioner for use of a member of the person’s household or for administration to an animal owned by the person or a member of the person’s household; or

(b) otherwise authorized by law to possess the substance.

(8)(a) It is an affirmative defense to transferring a firearm or other dangerous weapon by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:

(i) was possessed by the person or was under the person’s custody or control before the person became a restricted person;

(ii) was not used in or possessed during the commission of a crime or subject to disposition under Section Title 77, Chapter 11a, Part 4, Disposal of Seized Property and Contraband;

(iii) is not being held as evidence by a court or law enforcement agency;

(iv) was transferred to a person not legally prohibited from possessing the weapon; and

(v) unless a different time is ordered by the court, was transferred within 10 days of the person becoming a restricted person.

(b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person of a firearm or other dangerous weapon by a restricted person.

(9)(a) A person may not sell, transfer, or otherwise dispose of a firearm or dangerous weapon to a person, knowing that the recipient is a person described in Subsection (1)(a) or (b).

(b) A person who violates Subsection (9)(a) when the recipient is:

(i) a person described in Subsection (1)(a) and the transaction involves a firearm, is guilty of a second degree felony;

(ii) a person described in Subsection (1)(a) and the transaction involves a dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for any unlawful purpose, is guilty of a third degree felony;

(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is guilty of a third degree felony; or

(iv) a person described in Subsection (1)(b) and the transaction involves a dangerous weapon other than a firearm, and the transferor has knowledge that the recipient intends to use the weapon for an unlawful purpose, is guilty of a class A misdemeanor.

(10)(a) A person may not knowingly solicit, persuade, encourage or entice a dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under circumstances which the person knows would be a violation of the law.

(b) A person may not provide to a dealer or other person information that the person knows to be materially false information with intent to deceive the dealer or other person about the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.

(c) “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal.

(d) A person who violates this Subsection (10) is guilty of:

(i) a third degree felony if the transaction involved a firearm; or

(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a firearm.

76-10-506. Threatening with or using dangerous weapon in fight or quarrel

Updated: 
September 19, 2024

(1) As used in this section:

(a) “Dangerous weapon” means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether an item, object, or thing is a dangerous weapon:

(i) the character of the instrument, object, or thing;

(ii) the character of the wound produced, if any; and

(iii) the manner in which the instrument, object, or thing was exhibited or used.

(b) “Threatening manner” does not include:

(i) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or

(ii) informing another of the actor’s possession of a deadly weapon to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(3)(a).

(2) Except as otherwise provided in Section 76-2-402 and for an individual described in Section 76-10-503, an individual who, in the presence of two or more individuals, and not amounting to a violation of Section 76-5-103, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.

(3) This section does not apply to an individual who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another’s use of unlawful force:

(a) threatens the use of a dangerous weapon; or

(b) draws or exhibits a dangerous weapon.

(4) This section does not apply to an individual listed in Subsections 76-10-523(1)(a) through (f) in performance of the individual’s duties.

76-10-507. Possession of deadly weapon with criminal intent

Updated: 
September 19, 2024

Every person having upon his person any dangerous weapon with intent to use it to commit a criminal offense is guilty of a class A misdemeanor.

76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle--Penalties

Updated: 
September 19, 2024

(1)(a) An individual may not discharge a dangerous weapon or firearm:

(i) from an automobile or other vehicle;

(ii) from, upon, or across a highway;

(iii) at a road sign placed upon a highway of the state;

(iv) at communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;

(v) at railroad equipment or facilities including a sign or signal;

(vi) within a Utah State Park building, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or

(vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:

(A) a house, dwelling, or any other building; or

(B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.

(b) It is a defense to any charge for violating this section that the individual being accused had actual permission of the owner or person in charge of the property at the time in question.

(2) A violation of any provision of Subsection (1) is a class B misdemeanor.

(3) In addition to any other penalties, the court shall:

(a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and

(b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).

(4) This section does not apply to an individual who:

(a) discharges a firearm when that individual is in lawful defense of self or others;

(b) is performing official duties as provided in Section 23A–5–202 and Subsections 76-10-523 (1)(a) through (f) and as otherwise provided by law; or

(c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:

(i) the discharge occurs at a firing range or training ground;

(ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (4)(c)(i);

(iii) the discharge is made as practice or training for a lawful purpose;

(iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and

(v) the discharge is not made in violation of Subsection (1).

Title 77. Utah Code of Criminal Procedure

Updated: 
September 19, 2024

Chapter 36. Cohabitant Abuse Procedures Act

Updated: 
September 19, 2024

77-36-1. Definitions

Updated: 
September 19, 2024

As used in this chapter:
 

(1) “Cohabitant” means the same as that term is defined in Section 78B-7-102.
 

(2) “Department” means the Department of Public Safety.
 

(3) “Divorced” means an individual who has obtained a divorce under Title 81, Chapter 4, Part 4, Divorce.
 

(4)(a) “Domestic violence” or “domestic violence offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.
 

(b) “Domestic violence” or “domestic violence offense” includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:
 

(i) aggravated assault under Section 76-5-103;
 

(ii) aggravated cruelty to an animal under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
 

(iii) assault under Section 76-5-102;
 

(iv) criminal homicide under Section 76-5-201;
 

(v) harassment under Section 76-5-106;
 

(vi) electronic communication harassment under Section 76-9-201;
 

(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, 76-5-301.1, and 76-5-302;
 

(viii) mayhem under Section 76-5-105;
 

(ix) propelling a bodily substance or material, as described in Section 76-5-102.9;
 

(x) sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses;
 

(xi) sexual exploitation of a minor under Section 76-5b-201;
 

(xii) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
 

(xiii) stalking under Section 76-5-106.5;
 

(xiv) unlawful detention and unlawful detention of a minor under Section 76-5-304;
 

(xv) violation of a protective order or ex parte protective order under Section 76-5-108;
 

(xvi) an offense against property under Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
 

(xvii) possession of a deadly weapon with criminal intent under Section 76-10-507;
 

(xviii) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle under Section 76-10-508;
 

(xix) disorderly conduct under Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
 

(xx) child abuse under Section 76-5-114;
 

(xxi) threatening use of a dangerous weapon under Section 76-10-506;
 

(xxii) threatening violence under Section 76-5-107;
 

(xxiii) tampering with a witness under Section 76-8-508;
 

(xxiv) retaliation against a witness, victim, or informant under Section 76-8-508.3;
 

(xxv) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
 

(xxvi) unlawful distribution of an intimate image under Section 76-5b-203;
 

(xxvii) unlawful distribution of a counterfeit intimate image under Section 76-5b-205;
 

(xxviii) sexual battery under Section 76-9-702.1;
 

(xxix) voyeurism under Section 76-9-702.7;
 

(xxx) damage to or interruption of a communication device under Section 76-6-108; or
 

(xxxi) an offense under Subsection 78B-7-806(1).
 

(5) “Jail release agreement” means the same as that term is defined in Section 78B-7-801.
 

(6) “Jail release court order” means the same as that term is defined in Section 78B-7-801.
 

(7) “Marital status” means married and living together, divorced, separated, or not married.
 

(8) “Married and living together” means a couple whose marriage was solemnized under Section 81-2-305 or 81-2-407 and who are living in the same residence.
 

(9) “Not married” means any living arrangement other than married and living together, divorced, or separated.
 

(10) “Protective order” includes an order issued under Subsection 78B-7-804(3).
 

(11) “Pretrial protective order” means a written order:
 

(a) specifying and limiting the contact a person who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and
 

(b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803, pending trial in the criminal case.
 

(12) “Sentencing protective order” means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.
 

(13) “Separated” means a couple who have had their marriage solemnized under Section 81-2-305 or 81-2-407 and who are not living in the same residence.
 

(14) “Victim” means a cohabitant who has been subjected to domestic violence.

77-36-1.1 Enhancement of penalty for subsequent domestic violence offenses

Updated: 
September 19, 2024

(1) As used in this section:
 

(a)(i) “Convicted” means a conviction by plea or verdict of a crime or offense.
 

(ii) “Convicted” includes:
 

(A) a plea of guilty or guilty with a mental condition;
 

(B) a plea of no contest; and
 

(C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
 

(iii) “Convicted” does not include an adjudication in juvenile court.
 

(b) “Offense against the person” means commission or attempt to commit an offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital Mutilation, by one cohabitant against another.
 

(c) “Property damage offense” means the commission or attempt to commit an offense under Section 76-6-106 or 76-6-106.1 by one cohabitant against another.
 

(d) “Qualifying domestic violence offense” means:
 

(i) a domestic violence offense in Utah; or
 

(ii) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.
 

(2) An individual who is convicted of a domestic violence offense is guilty of a class B misdemeanor if:
 

(a) the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and
 

(b) the individual commits or is convicted of the domestic violence offense described in this Subsection (2):
 

(i) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
 

(ii) within five years after the day on which the individual is convicted of a property damage offense.
 

(3) An individual who is convicted of a domestic violence offense is guilty of a class A misdemeanor if:
 

(a) the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and
 

(b) the individual commits or is convicted of the domestic violence offense described in this Subsection (3):
 

(i) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
 

(ii) within five years after the day on which the individual is convicted of a property damage offense.
 

(4) An individual who is convicted of a domestic violence offense is guilty of a third degree felony if:
 

(a) the domestic violence offense described in this Subsection (4) is designated by law as a class B misdemeanor offense against the person and the individual:
 

(i)(A) commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; and
 

(B) is convicted of another qualifying domestic violence offense that is not a property damage offense after the day on which the individual is convicted of the qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4);
 

(ii)(A) commits or is convicted of the domestic violence offense described in this Subsection (4) within five years after the day on which the individual is convicted of a property damage offense; and
 

(B) is convicted of another property damage offense after the day on which the individual is convicted of the property damage offense described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4); or
 

(iii) commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense and within five years after the day on which the individual is convicted of a property damage offense; and
 

(b)(i) the domestic violence offense described in this Subsection (4) is designated by law as a class A misdemeanor; and
 

(ii) the individual commits or is convicted of the domestic violence offense described in this Subsection (4):
 

(A) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
 

(B) within five years after the day on which the individual is convicted of a property damage offense.

77-36-2.1 Duties of law enforcement officers -- Notice to victims.

Updated: 
September 19, 2024

(1) As used in this section:
 

(a) “Criminal justice system victim advocate” means the same as that term is defined in Section 77-38-403.
 

(b)(i) “Dating relationship” means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.
 

(ii) “Dating relationship” does not include casual fraternization in a business, educational, or social context.
 

(c) “Intimate partner” means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
 

(i) is or was a spouse of the other party;
 

(ii) is or was living as if a spouse of the other party;
 

(iii) has or had one or more children in common with the other party;
 

(iv) is the biological parent of the other party’s unborn child;
 

(v) is or was in a consensual sexual relationship with the other party; or
 

(vi) is or was in a dating relationship with the other party.
 

(d) “Nongovernment organization victim advocate” means the same as that term is defined in Section 77-38-403.
 

(e) “Primary purpose domestic violence organization” means a contract provider of domestic violence services as described in Section 80-2-301.
 

(2) A law enforcement officer who responds to an allegation of domestic violence shall:
 

(a) use all reasonable means to protect the victim and prevent further violence, including:
 

(i) taking the action that, in the officer’s discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
 

(ii) confiscating the weapon or weapons involved in the alleged domestic violence;
 

(iii) making arrangements for the victim and any child to obtain emergency housing or shelter;
 

(iv) providing protection while the victim removes essential personal effects;
 

(v) arrange, facilitate, or provide for the victim and any child to obtain medical treatment;
 

(vi) arrange, facilitate, or provide the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of domestic violence, in accordance with Subsection (3); and
 

(vii) providing the pamphlet created by the department under Section 53-5c-201 to the victim if the allegation of domestic violence:
 

(A) includes a threat of violence as described in Section 76-5-107;
 

(B) results, or would result, in the owner cohabitant becoming a restricted person under Section 76-10-503; or
 

(C) is accompanied by a completed lethality assessment that demonstrates the cohabitant is at high risk of being further victimized; and
 

(b) if the allegation of domestic violence is against an intimate partner, complete the lethality assessment protocols described in this section.
 

(3)(a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
 

(b) The written notice shall include:
 

(i) a statement that the forms needed in order to obtain an order for protection are available from the court clerk’s office in the judicial district where the victim resides or is temporarily domiciled;
 

(ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance; and
 

(iii) the information required to be provided to both parties in accordance with Subsections 78B-7-802(8) and (9).
 

(4) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a domestic violence protective order is not issued or once the domestic violence protective order is terminated.
 

(5) A law enforcement officer shall complete a lethality assessment form by asking the victim:
 

(a) if the aggressor has ever used a weapon against the victim or threatened the victim with a weapon;
 

(b) if the aggressor has ever threatened to kill the victim or the victim’s children;
 

(c) if the victim believes the aggressor will try to kill the victim;
 

(d) if the aggressor has ever tried to choke the victim;
 

(e) if the aggressor has a gun or could easily get a gun;
 

(f) if the aggressor is violently or constantly jealous, or controls most of the daily activities of the victim;
 

(g) if the victim left or separated from the aggressor after they were living together or married;
 

(h) if the aggressor is unemployed;
 

(i) if the aggressor has ever attempted suicide, to the best of the victim’s knowledge;
 

(j) if the victim has a child that the aggressor believes is not the aggressor’s biological child;
 

(k) if the aggressor follows or spies on the victim, or leaves threatening messages for the victim; and
 

(l) if there is anything else that worries the victim about the victim’s safety and, if so, what worries the victim.
 

(6) A law enforcement officer shall comply with Subsection (7) if:
 

(a) the victim answers affirmatively to any of the questions in Subsections (5)(a) through (d);
 

(b) the victim answers negatively to the questions in Subsections (5)(a) through (d), but affirmatively to at least four of the questions in Subsections (5)(e) through (k); or
 

(c) as a result of the victim’s response to the question in Subsection (5)(l), the law enforcement officer believes the victim is in a potentially lethal situation.
 

(7) If the criteria in Subsections (6)(a), (b), or (c) are met, the law enforcement officer shall:
 

(a) advise the victim of the results of the assessment;
 

(b) refer the victim to a nongovernment organization victim advocate at a primary purpose domestic violence organization; and
 

(c) refer the victim to a criminal justice system victim advocate if the responding law enforcement agency has a criminal justice system victim advocate available.
 

(8) If a victim does not or is unable to provide information to a law enforcement officer sufficient to allow the law enforcement officer to complete a lethality assessment form, or does not speak or is unable to speak with a nongovernment organization victim advocate, the law enforcement officer shall document this information on the lethality assessment form and submit the information to the Department of Public Safety under Subsection (9).
 

(9)(a) Except as provided in Subsection (9)(b), a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety while on scene.
 

(b) If a law enforcement officer is not reasonably able to submit the results of a lethality assessment while on scene, the law enforcement officer shall submit the results of the lethality assessment to the Department of Public Safety as soon as practicable.
 

(c)(i) Before the reporting mechanism described in Subsection (10)(a) is developed, a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety using means prescribed by the Department of Public Safety.
 

(ii) After the reporting mechanism described in Subsection (10)(a) is developed, a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety using that reporting mechanism.
 

(10) The Department of Public Safety shall:
 

(a) as soon as practicable, develop and maintain a reporting mechanism by which a law enforcement officer will submit the results of a lethality assessment as required by Subsection (9);
 

(b) provide prompt analytical support to a law enforcement officer who submits the results of a lethality assessment using the reporting mechanism described in Subsection (10)(a); and
 

(c) create and maintain a database of lethality assessment data provided under this section.
 

(11)(a) Subject to Subsection (11)(b), a law enforcement officer shall include the results of a lethality assessment and any related, relevant analysis provided by the Department of Public Safety under Subsection (10), with:
 

(i) a probable cause statement submitted in accordance with Rule 9 of the Utah Rules of Criminal Procedure; and
 

(ii) an incident report prepared in accordance with Section 77-36-2.2.
 

(b) In a probable cause statement or incident report, a law enforcement officer may not include information about how or where a victim was referred under Subsection (7)(b).

77-36-2.2 Powers and duties of law enforcement officers to arrest--Reports of domestic violence cases--Reports of parties' marital status

Updated: 
September 19, 2024

(1) The primary duty of law enforcement officers responding to a domestic violence call is to protect the victim and enforce the law.

(2)(a) In addition to the arrest powers described in Section 77-7-2, when a peace officer responds to a domestic violence call and has probable cause to believe that an act of domestic violence has been committed, the peace officer shall arrest without a warrant or shall issue a citation to any person that the peace officer has probable cause to believe has committed an act of domestic violence.

(b)(i) If the peace officer has probable cause to believe that there will be continued violence against the alleged victim, or if there is evidence that the perpetrator has either recently caused serious bodily injury or used a dangerous weapon in the domestic violence offense, the officer shall arrest and take the alleged perpetrator into custody, and may not utilize the option of issuing a citation under this section.

(ii) For purposes of Subsection (2)(b)(i), “serious bodily injury” and “dangerous weapon” mean the same as those terms are defined in Section 76-1-101.5.

(c) If a peace officer does not immediately exercise arrest powers or initiate criminal proceedings by citation or otherwise, the officer shall notify the victim of the right to initiate a criminal proceeding and of the importance of preserving evidence, in accordance with the requirements of Section 77-36-2.1.

(3) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who the predominant aggressor was. If the officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining who the predominant aggressor was, the officer shall consider:

(a) any prior complaints of domestic violence;

(b) the relative severity of injuries inflicted on each person;

(c) the likelihood of future injury to each of the parties; and

(d) whether one of the parties acted in self defense.

(4) A law enforcement officer may not threaten, suggest, or otherwise indicate the possible arrest of all parties in order to discourage any party’s request for intervention by law enforcement.

(5)(a) A law enforcement officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more parties, shall submit a detailed, written report specifying the grounds for not arresting any party or for arresting both parties.

(b) A law enforcement officer who does not make an arrest shall notify the victim of the right to initiate a criminal proceeding and of the importance of preserving evidence.

(6)(a) A law enforcement officer responding to a complaint of domestic violence shall prepare an incident report that includes:

(i) the officer’s disposition of the case; and

(ii) the results of any lethality assessment completed in accordance with Section 77-36-2.1.

(b) From January 1, 2009, until December 31, 2013, any law enforcement officer employed by a city of the first or second class responding to a complaint of domestic violence shall also report, either as a part of an incident report or on a separate form, the following information:

(i) marital status of each of the parties involved;

(ii) social, familial, or legal relationship of the suspect to the victim; and

(iii) whether or not an arrest was made.

(c) The information obtained in Subsection (6)(b):

(i) shall be reported monthly to the department;

(ii) shall be reported as numerical data that contains no personal identifiers; and

(iii) is a public record as defined in Section 63G-2-103.

(d) The incident report shall be made available to the victim, upon request, at no cost.

(e) The law enforcement agency shall forward a copy of the incident report to the appropriate prosecuting attorney within five days after the complaint of domestic violence occurred.

(7) The department shall compile the information described in Subsections (6)(b) and (c) into a report and present that report to the Law Enforcement and Criminal Justice Interim Committee during the 2013 interim, no later than May 31, 2013.

(8) Each law enforcement agency shall, as soon as practicable, make a written record and maintain records of all incidents of domestic violence reported to it, and shall be identified by a law enforcement agency code for domestic violence.

77-36-2.3 Law enforcement officer's training.

Updated: 
September 19, 2024

All training of law enforcement officers relating to domestic violence shall stress protection of the victim, enforcement of criminal laws in domestic situations, and the availability of community shelters, services, and resources. Law enforcement agencies and community organizations with expertise in domestic violence shall cooperate in all aspects of that training.

 

77-36-2.4. Violation of a protective order--Mandatory arrest--Penalties

Updated: 
September 19, 2024

(1) A law enforcement officer shall arrest an alleged perpetrator for a violation of any of the provisions of an ex parte protective order or protective order in accordance with Section 78B-7-119.

(2) A violation of a protective order is punishable in accordance with Section 76-5-108.

77-36-2.6 Appearance of defendant required -- Determinations by court.

Updated: 
September 19, 2024

(1) An alleged perpetrator who is arrested for an offense involving domestic violence shall appear in person or by video before the court or a magistrate within one judicial day after the day on which the arrest is made.

(2) An alleged perpetrator who is charged by citation, indictment, or information with an offense involving domestic violence but has not been arrested, shall appear before the court in person for arraignment or initial appearance as soon as practicable, but no later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the indictment or information.

(3) At the time of an appearance under Subsection (1) or (2), the court shall consider imposing a pretrial protective order in accordance with Section 78B-7-803.

(4) Appearances required by this section are mandatory and may not be waived.

77-36-2.7. Dismissal--Diversion prohibited--Plea in abeyance--Pretrial protective order pending trial

Updated: 
September 19, 2024

(1) Because of the serious nature of domestic violence, the court, in domestic violence actions:

(a) may not dismiss any charge or delay disposition because of concurrent divorce or other civil proceedings;

(b) may not require proof that either party is seeking a dissolution of marriage before instigation of criminal proceedings;

(c) shall waive any requirement that the victim’s location be disclosed other than to the alleged perpetrator’s attorney and order the alleged perpetrator’s attorney not to disclose the victim’s location to the client;

(d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic violence; and

(e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in Abeyance, making treatment or any other requirement for the alleged perpetrator a condition of that status.

(2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the case against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully completes all conditions imposed by the court. If the perpetrator fails to complete any condition imposed by the court under Subsection (1)(e), the court may accept the perpetrator’s plea.

(3) When an alleged perpetrator is charged with a crime involving a qualifying offense, as defined in Section 78B-7-801, the court may, during any court hearing where the alleged perpetrator is present, issue a pretrial protective order in accordance with Section 78B-7-803.

(4)(a) When a court dismisses criminal charges or a prosecutor moves to dismiss charges against an alleged perpetrator of a domestic violence offense, the specific reasons for dismissal shall be recorded in the court file and made a part of any related order or agreement on the statewide domestic violence network described in Section 78B-7-113.

(b) The court shall transmit the dismissal to the statewide domestic violence network.

(c) Any pretrial protective orders, including jail release court orders and jail release agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.

(5) The court may not approve diversion for a perpetrator of domestic violence.

77-36-5 Sentencing - Restricting contact with victim - Electronic monitoring - Counseling - Cost assessed against defendant.

Updated: 
September 19, 2024

(1) When a perpetrator is found guilty of a crime involving domestic violence and a condition of the sentence restricts the perpetrator’s contact with the victim, a sentencing protective order may be issued under Section 78B-7-804 for the length of the perpetrator’s probation or a continuous protective order may be issued under Section 78B-7-804.

(2) In determining the court’s sentence, the court, in addition to penalties otherwise provided by law, may require the perpetrator to participate in an electronic or other type of monitoring program.

(3) The court may also require the perpetrator to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense, as well as the costs for the perpetrator’s own counseling.

(4) The court shall:

(a) assess against the perpetrator, as restitution, any costs for services or treatment provided to the victim and affected child of the victim or the perpetrator by the Division of Child and Family Services under Section 62A-4a-106; and

(b) order those costs to be paid directly to the division or its contracted provider.

(5) The court may order the perpetrator to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is licensed by the Department of Human Services.

77-36-5.1. Conditions of probation for person convicted of domestic violence offense--Continuous protective orders

Updated: 
September 19, 2024

(1) Before a perpetrator who is convicted or adjudicated of a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim’s family or household.

(2) The court may condition probation or a plea in abeyance on the perpetrator’s compliance with one or more orders of the court, which may include:

(a) a sentencing protective order issued under Section 78B-7-804;

(b) prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;

(c) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;

(d) directing the perpetrator to surrender any weapons the perpetrator owns or possesses;

(e) directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment;

(f) directing the perpetrator to pay restitution to the victim, enforcement of which shall be in accordance with Chapter 38b, Crime Victims Restitution Act; and

(g) imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.

(3) The perpetrator is responsible for the costs of any condition of probation, according to the perpetrator’s ability to pay.

(4)(a) Adult Probation and Parole, or other provider, shall immediately report to the court and notify the victim of any offense involving domestic violence committed by the perpetrator, the perpetrator’s failure to comply with any condition imposed by the court, and any violation of a sentencing protective order issued by the court under Section 78B-7-804.

(b) Notification of the victim under Subsection (4)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.(5) In addition to a protective order issued under this section, the court may issue a separate order relating to the transfer of a wireless telephone number in accordance with Section 78B-7-117.

77-36-6 Enforcement of orders

Updated: 
September 19, 2024

(1) Each law enforcement agency in this state shall enforce all orders of the court issued under the requirements and procedures described in this chapter, and shall enforce:

(a) all protective orders and ex parte protective orders issued under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;

(b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective orders and continuous protective orders issued under Section 78B-7-804; and

(c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

(2) The requirements of this section apply statewide, regardless of the jurisdiction in which the order was issued or the location of the victim or the perpetrator.

77-36-7 Prosecutor to notify victim of decision as to prosecution.

Updated: 
September 19, 2024

(1) The prosecutor who is responsible for making the decision of whether to prosecute a case shall advise the victim, if the victim has requested notification, of the status of the victim’s case and shall notify the victim of a decision within five days after the decision has been made.

(2) Notification to the victim that charges will not be filed against an alleged perpetrator shall include a description of the procedures available to the victim in that jurisdiction for initiation of criminal and other protective proceedings.

77-36-8 Peace officers' immunity from liability.

Updated: 
September 19, 2024

A peace officer may not be held liable in any civil action brought by a party to an incident of domestic violence for making or failing to make an arrest or for issuing or failing to issue a citation in accordance with this chapter, for enforcing in good faith an order of the court, or for acting or omitting to act in any other way in good faith under this chapter, in situations arising from an alleged incident of domestic violence.

77-36-9 Separability clause

Updated: 
September 19, 2024


If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

77-36-10 Authority to prosecute class A misdemeanor violations.

Updated: 
September 19, 2024

Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys.

 

Title 78A. Judiciary and Judicial Administration

Updated: 
September 19, 2024

Chapter 8. Small Claims Courts

Updated: 
September 19, 2024

78A-8-102. Small claims--Defined--Counsel not necessary--Removal from district court--Deferring multiple claims of one plaintiff--Supreme Court to govern procedures

Updated: 
September 19, 2024

(1) A small claims action is a civil action:

(a) for the recovery of money when:

(i) the amount claimed does not exceed:

(A) on or after May 4, 2022, through December 31, 2024, $15,000 including attorney fees but exclusive of court costs and interest;

(B) on or after January 1, 2025, through December 31, 2029, $20,000 including attorney fees but exclusive of court costs and interest; and

(C) on or after January 1, 2030, $25,000 including attorney fees but exclusive of court costs and interest; and

(ii) the defendant resides or the action of indebtedness was incurred within the jurisdiction of the court in which the action is to be maintained; or

(b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in which the amount claimed does not exceed the amount described in Subsection (1)(a)(i).

(2)(a) A defendant in an action filed in the district court that meets the requirement of Subsection (1)(a)(i) may remove, if agreed to by the plaintiff, the action to a small claims court within the same district by:

(i) giving notice, including the small claims filing number, to the district court of removal during the time afforded for a responsive pleading; and

(ii) paying the applicable small claims filing fee.

(b) A filing fee may not be charged to a plaintiff to appeal a judgment on an action removed under Subsection (2)(a) to the district court where the action was originally filed.

(3) The judgment in a small claims action may not exceed the amount described in Subsection (1)(a)(i).

(4) A counter claim may be maintained in a small claims action if the counter claim arises out of the transaction or occurrence which is the subject matter of the plaintiff’s claim. A counter claim may not be raised for the first time in the trial de novo of the small claims action.

(5)(a) A claim involving property damage from a motor vehicle accident may be maintained in a small claims action, and any removal or appeal of the small claims action, without limiting the ability of a plaintiff to make a claim for bodily injury against the same defendant in a separate legal action.

(b) In the event that a property damage claim is brought as a small claims action:

(i) a liability decision in an original small claims action or appeal of the original small claims action is not binding in a separate legal action for bodily injury; and

(ii) an additional property damage claim may not be brought in a separate legal action for bodily injury.

(6)(a) With or without counsel, persons or corporations may litigate actions on behalf of themselves:

(i) in person; or

(ii) through authorized employees.

(b) A person or corporation may be represented in an action by an individual who is not an employee of the person or corporation and is not licensed to practice law only in accordance with the Utah Rules of Small Claims Procedure as made by the Supreme Court.

(7)(a) If a person or corporation other than a municipality or a political subdivision of the state files multiple small claims in any one court, the clerk or judge of the court may remove all but the initial claim from the court’s calendar in order to dispose of all other small claims matters.

(b) A claim so removed shall be rescheduled as permitted by the court’s calendar.

(8) A small claims matter shall be managed in accordance with simplified rules of procedure and evidence made by the Supreme Court.

Title 78B. Judicial Code

Updated: 
September 19, 2024

Chapter 6. Particular Proceedings

Updated: 
September 19, 2024

Part 8. Forcible Entry and Detainer

Updated: 
September 19, 2024

78B-6-816. Abandoned premises--Retaking and rerenting by owner--Liability of tenant--Personal property of tenant left on premises

Updated: 
September 19, 2024

(1) In the event of abandonment, the owner may retake the premises and attempt to rent them at a fair rental value and the tenant who abandoned the premises shall be liable:

(a) for the entire rent due for the remainder of the term; or

(b) for rent accrued during the period necessary to rerent the premises at a fair rental value, plus the difference between the fair rental value and the rent agreed to in the prior rental agreement, plus a reasonable commission for the renting of the premises and the costs, if any, necessary to restore the rental unit to its condition when rented by the tenant less normal wear and tear. This Subsection (1) applies, if less than Subsection (1)(a), notwithstanding that the owner did not rerent the premises.

(2)(a) If the tenant has abandoned the premises and has left personal property on the premises, the owner is entitled to remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant.

(b)(i) The owner shall post a copy of the notice in a conspicuous place and send by first class mail to the last known address for the tenant a notice that the property is considered abandoned.

(ii) The tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving, and storage to the owner.

(iii) Except as provided in Subsection (5), if the property has been in storage for at least 15 calendar days and the tenant has made no reasonable effort to recover the property after notice was sent, pay reasonable costs associated with the inventory, removal, and storage, and no court hearing on the property is pending, the owner may:

(A) sell the property at a public sale and apply the proceeds toward any amount the tenant owes; or

(B) donate the property to charity if the donation is a commercially reasonable alternative.

(c) Any money left over from the public sale of the property shall be handled as specified in Title 67, Chapter 4a, Part 2, Presumption of Abandonment.

(d) Nothing contained in this act shall be in derogation of or alter the owner’s rights under Title 38, Chapter 3, Lessors’ Liens, or any other contractual liens or rights.

(3) If abandoned property is determined to belong to a person who is the tenant or an occupant, the tenant or occupant may claim the property, upon payment of any costs, inventory, moving, and storage, by delivery of a written demand with evidence of ownership of the personal property within 15 calendar days after the notice described in Subsection (2)(b) is sent. The owner may not be liable for the loss of the abandoned personal property if the written demand is not received.

(4) As used in this section, “personal property” does not include a motor vehicle, as defined in Section 41-1a-102.

(5) A tenant has no recourse for damage or loss if the tenant fails to recover any abandoned property as required in this section.

(6) An owner is not required to store the following abandoned personal property:

(a) chemicals, pests, potentially dangerous or other hazardous materials;

(b) animals, including dogs, cats, fish, reptiles, rodents, birds, or other pets;

(c) gas, fireworks, combustibles, or any item considered to be hazardous or explosive;

(d) garbage;

(e) perishable items; or

(f) items that when placed in storage might create a hazardous condition or a pest control issue.

(7) An owner shall give an extension for up to 15 calendar days, beyond the 15 calendar day limit described in Subsection (2)(b)(ii), to recover the abandoned property, if a tenant provides:

(a) a copy of a police report or protection order for situations of domestic violence, as defined in Section 77-36-1;

(b) verification of an extended hospitalization from a verified medical provider; or

(c) a death certificate or obituary for a tenant’s death, provided by an immediate family member.

(8) Items listed in Subsection (6) may be properly disposed of by the owner immediately upon determination of abandonment. A tenant may not recover for disposal of abandoned items listed in Subsection (6).

(9) Notice of any public sale shall be mailed to the last known address of the tenant at least five calendar days prior to the public sale.

(10) If the tenant is present at the public sale:

(a) the tenant may specify the order in which the personal property is sold;

(b) the owner may sell only as much personal property necessary to satisfy the amount due under the rental agreement and statutorily allowed damages, costs, and fees associated with the abandoned items; and

(c) any unsold personal property shall be released to the tenant.

(11) If the tenant is not present at the public sale:

(a) all items may be sold; and

(b) any surplus amount over the amount due to the owner shall be paid to the tenant, if the tenant’s current location is known. If the tenant’s location is not known, any surplus shall be disposed of in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.

Chapter 7. Protective Orders and Stalking Injunctions

Updated: 
September 19, 2024

Part 1. General Provisions

Updated: 
September 19, 2024

78B-7-102. Definitions

Updated: 
September 19, 2024

As used in this chapter:

(1) “Abuse” means, except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm.

(2) “Affinity” means the same as that term is defined in Section 76-1-101.5.

(3) “Civil protective order” means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:

(a) Part 2, Child Protective Orders;

(b) Part 4, Dating Violence Protective Orders;

(c) Part 5, Sexual Violence Protective Orders;

(d) Part 6, Cohabitant Abuse Protective Orders; or

(e) Part 11, Workplace Violence Protective Orders.

(4) “Civil stalking injunction” means a stalking injunction issued under Part 7, Civil Stalking Injunctions.

(5)(a) “Cohabitant” means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

(i) is or was a spouse of the other party;

(ii) is or was living as if a spouse of the other party;

(iii) is related by blood or marriage to the other party as the individual’s parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;

(iv) has or had one or more children in common with the other party;

(v) is the biological parent of the other party’s unborn child;

(vi) resides or has resided in the same residence as the other party; or

(vii) is or was in a consensual sexual relationship with the other party.

(b) “Cohabitant” does not include:

(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or

(ii) the relationship between natural, adoptive, step, or foster siblings who are under 18 years old.

(6) “Consanguinity” means the same as that term is defined in Section 76-1-101.5.

(7) “Criminal protective order” means an order issued under Part 8, Criminal Protective Orders.

(8) “Criminal stalking injunction” means a stalking injunction issued under Part 9, Criminal Stalking Injunctions.

(9) “Court clerk” means a district court clerk.

(10)(a) “Dating partner” means an individual who:

(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or

(B) is 18 years old or older; and

(ii) is, or has been, in a dating relationship with the other party.

(b) “Dating partner” does not include an intimate partner.

(11)(a) “Dating relationship” means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.

(b) “Dating relationship” does not include casual fraternization in a business, educational, or social context.

(c) In determining, based on a totality of the circumstances, whether a dating relationship exists:

(i) all relevant factors shall be considered, including:

(A) whether the parties developed interpersonal bonding above a mere casual fraternization;

(B) the length of the parties’ relationship;

(C) the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to begin a dating relationship;

(D) the ongoing expectations of the parties, individual or jointly, with respect to the relationship;

(E) whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others; and

(F) whether other reasons exist that support or detract from a finding that a dating relationship exists; and

(ii) it is not necessary that all, or a particular number, of the factors described in Subsection (11)(c)(i) are found to support the existence of a dating relationship.

(12) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(13) “Ex parte civil protective order” means an order issued without notice to the respondent under:

(a) Part 2, Child Protective Orders;

(b) Part 4, Dating Violence Protective Orders;

(c) Part 5, Sexual Violence Protective Orders;

(d) Part 6, Cohabitant Abuse Protective Orders; or

(e) Part 11, Workplace Violence Protective Orders.

(14) “Ex parte civil stalking injunction” means a stalking injunction issued without notice to the respondent under Part 7, Civil Stalking Injunctions.

(15) “Foreign protection order” means the same as that term is defined in Section 78B-7-302.

(16) “Household animal” means an animal that is tamed and kept as a pet.

(17) “Intimate partner” means the same as that term is defined in 18 U.S.C. Sec. 921.

(18) “Law enforcement unit” or “law enforcement agency” means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision.

(19) “Peace officer” means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications.

(20) “Qualifying domestic violence offense” means the same as that term is defined in Section 77-36-1.1.

(21) “Respondent” means the individual against whom enforcement of a protective order is sought.

(22) “Stalking” means the same as that term is defined in Section 76-5-106.5.

78B-7-104. Venue of action for ex parte civil protective orders and civil protective orders

Updated: 
September 19, 2024

(1) Except as provided in Part 2, Child Protective Orders, the district court has jurisdiction of any action for an ex parte civil protective order or civil protective order brought under this chapter.

(2) An action for an ex parte civil protective order or civil protective order brought under this chapter shall be filed in the county where either party resides, is temporarily domiciled, or in which the action complained of took place.

78B-7-105. Forms for petitions and protective orders -- Assistance

Updated: 
September 19, 2024

(1)(a) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter:

(i) an ex parte civil protective order;

(ii) a civil protective order;

(iii) an ex parte stalking injunction; or

(iv) a civil stalking injunction.

(b) The Administrative Office of the Courts shall:

(i) develop and adopt uniform forms for petitions and the protective orders and stalking injunctions described in Subsection (1)(a) in accordance with the provisions of this chapter; and

(ii) provide the forms to the clerk of each court authorized to issue the protective orders and stalking injunctions described in Subsection (1)(a).

(2) The forms described in Subsection (1)(b) shall include:

(a) for a petition for an ex parte civil protective order or a civil protective order:

(i) a statement notifying the petitioner for an ex parte civil protective order that knowing falsification of any statement or information provided for the purpose of obtaining a civil protective order may subject the petitioner to felony prosecution;

(ii) language indicating the criminal penalty for a violation of an ex parte civil protective order or a civil protective order under this chapter and language stating a violation of or failure to comply with a civil provision is subject to contempt proceedings;

(iii) a space for information the petitioner is able to provide to facilitate identification of the respondent, including the respondent’s social security number, driver license number, date of birth, address, telephone number, and physical description;

(iv) a space for information the petitioner is able to provide related to a proceeding for a civil protective order or a criminal protective order, civil litigation, a proceeding in juvenile court, or a criminal case involving either party, including the case name, file number, the county and state of the proceeding, and the judge’s name;

(v) a space to indicate whether the party to be protected is an intimate partner to the respondent or a child of an intimate partner to the respondent; and

(vi) a space for the date on which the provisions of the protective order expire; and

(b) for a petition under Part 6, Cohabitant Abuse Protective Orders:

(i) a separate portion of the form for those provisions, the violation of which is a criminal offense, and a separate portion for those provisions, the violation of which is a civil violation;

(ii) a statement advising the petitioner that when a child is included in an ex parte protective order or a protective order, as part of either the criminal or the civil portion of the order, the petitioner may provide a copy of the order to the principal of the school that the child attends; and

(iii) a statement advising the petitioner that if the respondent fails to return custody of a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the court a writ of assistance.

(3) If the individual seeking to proceed as a petitioner under this chapter is not represented by an attorney, the court clerk’s office shall provide nonlegal assistance, including:

(a) the forms adopted under Subsection (1)(b);

(b) all other forms required to petition for a protective order or stalking injunction described in Subsection (1)(a), including forms for service;

(c) clerical assistance in filling out the forms and filing the petition, or if the court clerk’s office designates another entity, agency, or person to provide that service, oversight over the entity, agency, or person to see that the service is provided;

(d) information regarding the means available for the service of process;

(e) a list of legal service organizations that may represent the petitioner in an action brought under this chapter, together with the telephone numbers of those organizations; and

(f) written information regarding the procedure for transporting a jailed or imprisoned respondent to the protective order hearing, including an explanation of the use of transportation order forms when necessary.

(4) A court clerk, constable, or law enforcement agency may not impose a charge for:

(a) filing a petition under this chapter;

(b) obtaining an ex parte civil protective order or ex parte civil stalking injunction;

(c) obtaining copies, either certified or uncertified, necessary for service or delivery to law enforcement officials; or

(d) fees for service of:

(i) a petition under this chapter;

(ii) an ex parte civil protective order;

(iii) a civil protective order;

(iv) an ex parte civil stalking injunction; or

(v) a civil stalking injunction.

(5) A petition for an ex parte civil protective order and a civil protective order shall be in writing and verified.

(6)(a) The protective orders and stalking injunctions described in Subsection (1)(a) shall be issued in the form adopted by the Administrative Office of the Courts under Subsection (1)(b).

(b) A civil protective order that is issued shall, if applicable, include the following language:

“Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of Columbia, tribal lands, and United States territories. This order complies with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.”.

(c) An ex parte civil protective order and a civil protective order issued under Part 6, Cohabitant Abuse Protective Orders, shall include the following language:

“NOTICE TO PETITIONER: The court may amend or dismiss a protective order after one year if it finds that the basis for the issuance of the protective order no longer exists and the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order, demonstrating to the court that the petitioner no longer has a reasonable fear of the respondent.”.

(d) A child protective order issued under Part 2, Child Protective Orders, shall include:

(i) the date the order expires; and

(ii) a statement that the address provided by the petitioner will not be made available to the respondent.

(7)(a)(i) The court clerk shall provide, without charge, to the petitioner, one certified copy of a civil stalking injunction issued by the court and one certified copy of the proof of service of the civil stalking injunction on the respondent.

(ii) A charge may be imposed by the court clerk’s office for any copies in addition to the copy described in Subsection (7)(a)(i), certified or uncertified.

(b) An ex parte civil stalking injunction and civil stalking injunction shall include the following statement:

“Attention: This is an official court order. If you disobey this order, the court may find you in contempt. You may also be arrested and prosecuted for the crime of stalking and any other crime you may have committed in disobeying this order.”.

78B-7-108. Mutual protective orders

Updated: 
September 19, 2024

(1) A court may not grant a mutual order or mutual civil protective orders to opposing parties, unless each party:

(a) files an independent petition against the other for a civil protective order, and both petitions are served;

(b) makes a showing at a due process civil protective order hearing of abuse or domestic violence committed by the other party; and

(c) demonstrates the abuse or domestic violence did not occur in self-defense.

(2) If the court issues mutual civil protective orders, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court order.

(3)(a) Except as provided in Subsection (3)(b), a court may not grant a civil protective order to a petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order:

(i) issued under:

(A) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;

(B) Title 80, Utah Juvenile Code;

(C) Part 6, Cohabitant Abuse Protective Orders; or

(D) Part 8, Criminal Protective Orders; or

(ii) enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

(b) The court may grant a civil protective order to a petitioner described in Subsection (3)(a) if:

(i) the court determines that the requirements of Subsection (1) are met; and

(ii)(A) the same court that issued the protective order, child protective order, or ex parte child protective order issues the civil protective order against the respondent; or

(B) if the matter is before a subsequent court, the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order, child protective order, or ex parte child protective order.

78B-7-109. Continuing duty to inform court of other proceedings -- Effect of other proceedings

Updated: 
September 19, 2024

(1) Each party has a continuing duty to inform the court of each proceeding for a civil protective order or a criminal protective order, any civil litigation, each proceeding in juvenile court, and each criminal case involving either party, including the case name, the file number, and the county and state of the proceeding, if that information is known by the party.

(2)(a) A civil protective order issued under this chapter is in addition to and not in lieu of any other available civil or criminal proceeding.

(b) A petitioner is not barred from seeking a civil protective order because of other pending proceedings.

(c) A court may not delay granting a civil protective order under this chapter because of the existence of a pending civil action between the parties.

(3) A petitioner may omit the petitioner’s address from all documents filed with the court under this chapter, but shall separately provide the court with a mailing address that is not to be made part of the public record, but that may be provided to a peace officer or entity for service of process.

78B-7-113 Statewide domestic violence network -- Peace officers' duties -- Prevention of abuse in absence of order -- Limitation of liability.

Updated: 
September 19, 2024

(1)(a)(i) Law enforcement units, the Department of Public Safety, and the Administrative Office of the Courts shall utilize statewide procedures to ensure that a peace officer at the scene of an alleged violation of a civil protective order or criminal protective order has immediate access to information necessary to verify the existence and terms of that order, and other orders of the court required to be made available on the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 77-38-3.

(ii) The peace officers described in Subsection (1)(a)(i) shall use every reasonable means to enforce the court’s order, in accordance with the requirements and procedures of this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.

(b) The Administrative Office of the Courts, in cooperation with the Department of Public Safety and the Criminal Investigations and Technical Services Division, established in Section 53-10-103, shall provide for a single, statewide network containing:

(i) all civil protective orders and criminal protective orders issued by a court of this state; and

(ii) all other court orders or reports of court action that are required to be available on the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.

(c) The entities described in Subsection (1)(b) may utilize the same mechanism as the statewide warrant system, described in Section 53-10-208.

(d)(i) Except as provided in Subsection (1)(d)(ii), the Administrative Office of the Courts shall make all orders and reports required to be available on the network available within 24 hours after court action.

(ii) If the court that issued an order that is required to be available under Subsection (1)(d)(i) is not part of the state court computer system, the Administrative Office of the Courts shall make the order and report available on the network within 72 hours after court action.

(e) The Administrative Office of the Courts and the Department of Public Safety shall make the information contained in the network available to a court, law enforcement officer, or agency upon request.

(2) When any peace officer has reason to believe a cohabitant or child of a cohabitant is being abused, or that there is a substantial likelihood of immediate danger of abuse, although no civil or criminal protective order has been issued, that officer shall use all reasonable means to prevent the abuse, including:

(a) remaining on the scene as long as it reasonably appears there would otherwise be danger of abuse;

(b) making arrangements for the victim to obtain emergency medical treatment;

(c) making arrangements for the victim to obtain emergency housing or shelter care;

(d) explaining to the victim the victim’s rights in these matters;

(e) asking the victim to sign a written statement describing the incident of abuse; or

(f) arresting and taking into physical custody the abuser in accordance with the provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.

(3) No person or institution may be held criminally or civilly liable for the performance of, or failure to perform, any duty established by this chapter, so long as that person acted in good faith and without malice.

78B-7-116 Full faith and credit for foreign protective orders.

Updated: 
September 19, 2024

(1) A foreign protection order is enforceable in this state as provided in Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

(2) (a) A person entitled to protection under a foreign protection order may file the order in any district court by filing with the court a certified copy of the order. A filing fee may not be required.

(b) The person filing the foreign protection order shall swear under oath in an affidavit, that to the best of the person’s knowledge the order is presently in effect as written and the respondent was personally served with a copy of the order.

(c) The affidavit described in Subsection (2)(b) shall be in the form adopted by the Administrative Office of the Courts, consistent with its responsibilities to develop and adopt forms under Section 78B-7-105.

(d) The court where a foreign protection order is filed shall transmit a copy of the order to the statewide domestic violence network described in Section 78B-7-113.

(e) Upon inquiry by a law enforcement agency, the clerk of the district court shall make a copy of the foreign protection order available.

(f) After a foreign protection order is filed, the district court shall furnish a certified copy of the order to the person who filed the order.

(g) A filed foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the statewide domestic violence network described in Section 78B-7-113.

(3) Law enforcement personnel may:

(a) rely upon a certified copy of any foreign protection order which has been provided to the peace officer by any source;

(b) rely on the statement of the person protected by the order that the order is in effect and the respondent was personally served with a copy of the order; or

(c) consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(4) A violation in Utah of a foreign protection order is subject to the same penalties as the violation of a protective order issued in Utah.

78B-7-117. Court order for transfer of wireless telephone number

Updated: 
September 19, 2024

(1) As used in this section, “wireless service provider” means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.

(2) At or after the time that a court issues a sentencing protective order or continuous protective order under Section 78B-7-804 or a cohabitant abuse protective order under Section 78B-7-603, the court may order the transfer of a wireless telephone number as provided in this section, if:

(a) the perpetrator is the account holder for the wireless telephone number;

(b) the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and

(c) the victim requests transfer of the wireless telephone number.

(3) An order transferring a wireless telephone number under this section shall:

(a) direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and

(b) include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.

(4) A wireless service provider shall comply with an order issued under this section, unless compliance is not reasonably possible due to:

(a) the account holder having already terminated the account;

(b) differences in network technology that prevent the victim’s device from functioning on the network to which the number is to be transferred;

(c) geographic or other service availability constraints; or

(d) other barriers outside the control of the wireless service provider.

(5) A wireless service provider that fails to comply with an order issued under this section shall, within four business days after the day on which the wireless service provider receives the order, provide notice to the victim stating:

(a) that the wireless service provider is not able to reasonably comply with the order; and

(b) the reason that the wireless service provider is not able to reasonably comply with the order.

(6) The victim has full financial responsibility for each wireless telephone number transferred to the victim by an order under this section, beginning on the day on which the wireless telephone number is transferred, including monthly service costs and costs for any mobile device associated with the wireless telephone number.

(7) This section does not preclude a wireless service provider from applying standard requirements for account establishment to the victim when transferring financial responsibility under Subsection (6).

(8) A wireless service provider, and any officer, employee, or agent of the wireless service provider, is not civilly liable for action taken in compliance with an order issued under this section.

Part 2. Child Protective Orders

Updated: 
September 19, 2024

78B-7-201. Definitions

Updated: 
September 19, 2024

As used in this chapter:

(1) “Abuse” means:

(a) physical abuse;

(b) sexual abuse;

(c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or

(d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.

(2) “Child protective order” means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice.

(3) “Court” means the district court or juvenile court.

(4) “Ex parte child protective order” means an order issued without notice to the respondent under this part.

(5) “Protective order” means:

(a) a child protective order; or

(b) an ex parte child protective order.

(6) All other terms have the same meaning as defined in Section 80-1-102.

78B-7-202. Petition--Ex parte determination--Guardian ad litem--Referral to division

Updated: 
September 19, 2024

(1)(a) Any interested person may file a petition for a protective order:

(i) on behalf of a child who is being abused or is in imminent danger of being abused by any individual; or

(ii) on behalf of a child who has been abused by an individual who is not the child’s parent, stepparent, guardian, or custodian.

(b) Before filing a petition under Subsection (1)(a), the interested person shall make a referral to the division.

(2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:

(a) review the records of the juvenile court, the district court, and the management information system of the division to find any petitions, orders, or investigations related to the child or the parties to the case;

(b) request the records of any law enforcement agency identified by the petitioner as having investigated abuse of the child; and

(c) identify and obtain any other background information that may be of assistance to the court.

(3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i) that the child is being abused or is in imminent danger of being abused, or it appears from a petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused, the court may:

(a) without notice, immediately issue an ex parte child protective order against the respondent if necessary to protect the child; or

(b) upon notice to the respondent, issue a child protective order after a hearing in accordance with Subsection 78B-7-203(5).

(4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803.

(5) This section does not prohibit a protective order from being issued against a respondent who is a child.

78B-7-203. Hearing

Updated: 
September 19, 2024

(1)(a) If an ex parte child protective order is granted, the court shall schedule a hearing to be held within 21 days after the day on which the court makes the ex parte determination.

(b) If an ex parte child protective order is denied, the court, upon the request of the petitioner made within five days after the day on which the court makes the ex parte determination, shall schedule a hearing to be held within 21 days after the day on which the petitioner makes the request.

(2)(a) The petition, ex parte child protective order, and notice of hearing shall be served on the respondent, the child’s parent or guardian, and, if appointed, the guardian ad litem.

(b) The notice of hearing described in Subsection (2)(a) shall contain:

(i) the name and address of the individual to whom the notice is directed;

(ii) the date, time, and place of the hearing;

(iii) the name of the child on whose behalf a petition is being brought; and

(iv) a statement that an individual is entitled to have an attorney present at the hearing.

(3) The court shall provide an opportunity for any person having relevant knowledge to present evidence or information and may hear statements by counsel.

(4) An agent of the division served with a subpoena in compliance with the Utah Rules of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.

(5) The court shall issue a child protective order if the court determines, based on a preponderance of the evidence, that:

(a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i), the child is being abused or is in imminent danger of being abused; or

(b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the child has been abused and the child protective order is necessary to protect the child.

(6) Except as provided in Section 80-3-404, a child protective order is not an adjudication of abuse, neglect, or dependency under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings.

Part 3. Interstate Enforcement of Domestic Violence Protection Orders Act

Updated: 
September 19, 2024

78B-7-302. Definitions

Updated: 
September 19, 2024

As used in this part:

(1) “Foreign protection order” means a protection order issued by a tribunal of another state.

(2) “Issuing state” means the state whose tribunal issues a protection order.

(3) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.

(4) “Protected individual” means an individual protected by a protection order.

(5) “Protection order” means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.

(6) “Respondent” means the individual against whom enforcement of a protection order is sought.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.

(8) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.

78B-7-303. Judicial enforcement of order

Updated: 
September 19, 2024

(1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.

(2) A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.

(3) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.

(4) A foreign protection order is valid if it:

(a) identifies the protected individual and the respondent;

(b) is currently in effect;

(c) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and

(d) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.

(5) A foreign protection order valid on its face is prima facie evidence of its validity.

(6) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

(7) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:

(a) the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and

(b) the tribunal of the issuing state made specific findings in favor of the respondent.

(8) (a) The juvenile court has jurisdiction to enforce foreign protection orders under this section over which the juvenile court would have had jurisdiction if the order had been originally sought in this state.

(b) The district court has jurisdiction to enforce foreign protection orders under this section:

(i) over which the district court would have had jurisdiction if the order had been originally sought in this state; or

(ii) that are not under the jurisdiction of the juvenile court under Subsection (8)(a).

78B-7-304. Nonjudicial enforcement of order

Updated: 
September 19, 2024

(1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.

(2) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

(3) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.

(4) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part.


78B-7-305. Registration of order

Updated: 
September 19, 2024

Any individual may register a foreign protection order in this state under Section 78B-7-116.

78B-7-306. Immunity

Updated: 
September 19, 2024

This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.


78B-7-307. Other remedies

Updated: 
September 19, 2024

A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.


78B-7-310. Transitional provision

Updated: 
September 19, 2024

This part applies to protection orders issued before July 1, 2006 and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2006. A request for enforcement of a foreign protection order made on or after July 1, 2006 for violations of a foreign protection order occurring before July 1, 2006 is governed by this part.

Part 4. Dating Violence Protective Orders

Updated: 
September 19, 2024

78B-7-402. Definitions

Updated: 
September 19, 2024

As used in this part:

(1) “Dating violence protective order” means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice.

(2) “Ex parte dating violence protective order” means an order issued without notice to the respondent under this part.

(3) “Protective order” means:

(a) a dating violence protective order; or

(b) an ex parte dating violence protective order.

78B-7-403. Abuse or danger of abuse--Dating violence protective orders

Updated: 
September 19, 2024

(1) An individual may seek a protective order if the individual is subjected to, or there is a substantial likelihood the individual will be subjected to:

(a) abuse by a dating partner of the individual; or

(b) dating violence by a dating partner of the individual.

(2) An individual may seek an order described in Subsection (1) whether or not the individual has taken other action to end the relationship.

(3) An individual seeking a protective order may include another party in the petition for a protective order if:

(a) the individual seeking the order meets the requirements of Subsection (1); and

(b) the other party:

(i) is a family or household member of the individual seeking the protective order; and

(ii) there is a substantial likelihood the other party will be subjected to abuse by the dating partner of the individual.

(4) An individual seeking a protective order under this part shall, to the extent possible, provide information to facilitate identification of the respondent, including a name, social security number, driver license number, date of birth, address, telephone number, and physical description.

(5) A petition seeking a protective order under this part may not be withdrawn without written order of the court.

(6)(a) An individual may not seek a protective order against an intimate partner of the individual under this part.

(b) An individual may seek a protective order against a cohabitant or an intimate partner of the individual under Part 6, Cohabitant Abuse Protective Orders.

78B-7-404. Dating violence orders--Ex parte dating violence protective orders--Modification of orders--Service of process--Duties of the court

Updated: 
September 19, 2024

(1) If it appears from a petition for a protective order or a petition to modify an existing protective order that a dating partner of the petitioner has abused or committed dating violence against the petitioner, the court may:

(a) without notice, immediately issue an ex parte dating violence protective order against the dating partner or modify an existing dating protective order ex parte if necessary to protect the petitioner and all parties named in the petition; or

(b) upon notice to the respondent, issue a dating violence protective order or modify a dating violence protective order after a hearing, regardless of whether the respondent appears.

(2) A court may grant the following relief without notice in a dating violence protective order or a modification issued ex parte:

(a) prohibit the respondent from threatening to commit or committing dating violence or abuse against the petitioner and any designated family or household member described in the protective order;

(b) prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner or any designated family or household member, directly or indirectly;

(c) order that the respondent:

(i) is excluded and shall stay away from the petitioner’s residence and its premises;

(ii) except as provided in Subsection (4), stay away from the petitioner’s:

(A) school and the school’s premises; and

(B) place of employment and its premises; and

(iii) stay away from any specified place frequented by the petitioner or any designated family or household member;

(d) prohibit the respondent from being within a specified distance of the petitioner; and

(e) order any further relief that the court considers necessary to provide for the safety and welfare of the petitioner and any designated family or household member.

(3) A court may grant the following relief in a dating violence protective order or a modification of a dating violence protective order, after notice and a hearing, regardless of whether the respondent appears:

(a) the relief described in Subsection (2); and

(b) except as provided in Subsection (5), upon finding that the respondent’s use or possession of a weapon poses a serious threat of harm to the petitioner or any designated family or household member, prohibit the respondent from purchasing, using, or possessing a weapon specified by the court.

(4) If the petitioner or a family or household member designated in the protective order attends the same school as the respondent, or is employed at the same place of employment as the respondent, the district court:

(a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent from the respondent’s school or place of employment; and

(b) may enter an order governing the respondent’s conduct at the respondent’s school or place of employment.

(5) The court may not prohibit the respondent from possessing a firearm:

(a) if the respondent has not been given notice of the petition for a protective order and an opportunity to be heard; and

(b) unless the petition establishes:

(i) by a preponderance of the evidence that the respondent has committed abuse or dating violence against the petitioner; and

(ii) by clear and convincing evidence that the respondent’s use or possession of a firearm poses a serious threat of harm to petitioner or the designated family or household member.

(6) After the court issues a dating violence protective order, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;

(b) make reasonable efforts at the hearing to ensure that the dating violence protective order is understood by the petitioner and the respondent, if present;

(c) transmit electronically, by the end of the business day after the day on which the order is issued, a copy of the dating violence protective order to the local law enforcement agency designated by the petitioner; and

(d) transmit a copy of the protective order issued under this part in the same manner as described in Section 78B-7-113.

(7)(a) The county sheriff that receives the order from the court, under Subsection (6)(a), shall:

(i) provide expedited service for protective orders issued in accordance with this part; and

(ii) after the order has been served, transmit verification of service of process to the statewide network described in Section 78B-7-113.

(b) This section does not prohibit another law enforcement agency from providing service of process if that law enforcement agency:

(i) has contact with the respondent and service by that law enforcement agency is possible; or

(ii) determines that, under the circumstances, providing service of process on the respondent is in the best interests of the petitioner.

(8) When a protective order is served on a respondent in jail, or other holding facility, the law enforcement agency managing the facility shall make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.

(9) A court may modify or vacate a protective order under this part after notice and hearing, if the petitioner:

(a) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure, and appears before the court to give specific consent to the modification or vacation of the provisions of the protective order; or

(b) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.

78B-7-405. Hearings--Expiration--Extension

Updated: 
September 19, 2024

(1)(a) The court shall set a date for a hearing on the petition for a dating violence protective order to be held within 21 days after the day on which the court issues an ex parte dating violence protective order.

(b) If, at the hearing described in Subsection (1)(a), the court does not issue a dating violence protective order, the ex parte dating protective order shall expire, unless extended by the court.

(c)(i) The court may extend the 21-day period described in Subsection (1)(a) only if:

(A) the petitioner is unable to be present at the hearing;

(B) the respondent has not been served; or

(C) exigent circumstances exist.

(ii) Under no circumstances may an ex parte dating violence protective order be extended beyond 180 days from the day on which the court issues the initial ex parte dating violence protective order.

(d) If, at the hearing described in Subsection (1)(a), the court issues a dating violence protective order, the ex parte dating violence protective order shall remain in effect until service of process of the dating violence protective order is completed.

(e) A dating violence protective order remains in effect for three years after the day on which the court issues the order.

(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 calendar days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing on the objection within 21 days after the day on which the objection is filed.

(2) Upon a hearing under this section, the court may grant any of the relief permitted under Section 78B-7-404, except the court shall not grant the relief described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an opportunity to be heard.

(3) If the court denies a petition for an ex parte dating violence protective order or a petition to modify a dating violence protective order ex parte, the court shall, upon the petitioner’s request made within five days after the day on which the court denies the petition:

(a) set the matter for a hearing to be held within 21 days after the day on which the petitioner makes the request; and

(b) notify and serve the respondent.

(4)(a) A dating violence protective order automatically expires under Subsection (1)(e), unless the petitioner files a motion before the day on which the dating violence protective order expires requesting an extension of the dating violence protective order and demonstrates that:

(i) there is a substantial likelihood the petitioner will be subjected to dating violence; or

(ii) the respondent committed or was convicted of a violation of the dating violence protective order that the petitioner requests be extended or dating violence after the day on which the dating violence protective order is issued.

(b)(i) If the court denies the motion described in Subsection (4)(a), the dating violence protective order expires under Subsection (1)(e).

(ii) If the court grants the motion described in Subsection (4)(a), the court shall set a new date on which the dating violence protective order expires.

78B-7-407. Penalties

Updated: 
September 19, 2024

A violation of a protective order issued under this part is a class A misdemeanor.

78B-7-409. Mutual dating violence protective orders

Updated: 
September 19, 2024

(1) A court may not grant a mutual order or mutual dating violence protective orders to opposing parties, unless each party:

(a) files an independent petition against the other for a dating violence protective order, and both petitions are served;

(b) makes a showing at a due process dating violence protective order hearing of abuse or dating violence committed by the other party; and

(c) demonstrates the abuse or dating violence did not occur in self-defense.

(2) If the court issues mutual dating violence protective orders, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court order.

(3)(a) Except as provided in Subsection (3)(b), a court may not grant a protective order to a civil petitioner who is the respondent or defendant subject to:

(i) a civil protective order that is issued under:

(A) this part;

(B) Part 2, Child Protective Orders;

(C) Part 6, Cohabitant Abuse Protective Orders;

(D) Part 8, Criminal Protective Orders; or

(E) Title 80, Utah Juvenile Code;

(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or

(iii) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

(b) The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if:

(i) the court determines that the requirements of Subsection (1) are met; and

(ii)(A) the same court issued the protective order against the respondent; or

(B) the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order described in Subsection (3)(a)(i) or (ii).

Part 5. Sexual Violence Protective Orders

Updated: 
September 19, 2024

78B-7-502. Definitions

Updated: 
September 19, 2024

As used in this part:

(1) “Ex parte sexual violence protective order” means an order issued without notice to the respondent under this part.

(2) “Protective order” means:

(a) a sexual violence protective order; or

(b) an ex parte sexual violence protective order.

(3) “Sexual violence” means the commission or the attempt to commit:

(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or Title 76, Chapter 5b, Part 2, Sexual Exploitation;

(b) human trafficking for sexual exploitation under Section 76-5-308.1; or

(c) aggravated human trafficking for forced sexual exploitation under Section 76-5-310.

(4) “Sexual violence protective order” means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice.

78B-7-503. Sexual violence--Sexual violence protective orders

Updated: 
September 19, 2024

(1)(a) An individual may seek a protective order under this part if the individual has been subjected to sexual violence and is neither a cohabitant nor a dating partner of the respondent.

(b) An individual may not seek a protective order on behalf of a child under this part.

(2) A petition seeking a sexual violence protective order may not be withdrawn without written order of the court.

78B-7-504. Sexual violence protective orders--Ex parte protective orders--Modification of orders

Updated: 
September 19, 2024

(1) If it appears from a petition for a protective order or a petition to modify an existing protective order that sexual violence has occurred, the district court may:

(a) without notice, immediately issue an ex parte sexual violence protective order against the respondent or modify an existing sexual violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or

(b) upon notice to the respondent, issue a sexual violence protective order or modify a sexual violence protective order after a hearing, regardless of whether the respondent appears.

(2) The district court may grant the following relief with or without notice in a protective order or in a modification to a protective order:

(a) prohibit the respondent from threatening to commit or committing sexual violence against the petitioner and a family or household member designated in the protective order;

(b) prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner or a family or household member designated in the protective order, directly or indirectly;

(c) order that the respondent:

(i) is excluded and shall stay away from the petitioner’s residence and its premises;

(ii) subject to Subsection (4), stay away from the petitioner’s:

(A) school and its premises;

(B) place of employment and its premises; or

(C) place of worship and its premises; or

(iii) stay away from any specified place frequented by the petitioner or a family or household member designated in the protective order;

(d) prohibit the respondent from being within a specified distance of the petitioner; or

(e) order any further relief that the district court considers necessary to provide for the safety and welfare of the petitioner and a family or household member designated in the protective order.

(3) The district court may grant the following relief in a sexual violence protective order or a modification of a sexual violence protective order, after notice and a hearing, regardless of whether the respondent appears:

(a) the relief described in Subsection (2); and

(b) subject to Subsection (5), upon finding that the respondent’s use or possession of a weapon poses a serious threat of harm to the petitioner or a family or household member designated in the protective order, prohibit the respondent from purchasing, using, or possessing a weapon specified by the district court.

(4) If the petitioner or a family or household member designated in the protective order attends the same school as the respondent, is employed at the same place of employment as the respondent, or attends the same place of worship as the respondent, the court may enter an order:

(a) that excludes the respondent from the respondent’s school, place of employment, or place of worship; or

(b) governing the respondent’s conduct at the respondent’s school, place of employment, or place of worship.

(5) The district court may not prohibit the respondent from possessing a firearm:

(a) if the respondent has not been given notice of the petition for a protective order and an opportunity to be heard; and

(b) unless the petition establishes:

(i) by a preponderance of the evidence that the respondent committed sexual violence against the petitioner; and

(ii) by clear and convincing evidence that the respondent’s use or possession of a firearm poses a serious threat of harm to the petitioner or a family or household member designated in the protective order.

(6) After the day on which the district court issues a sexual violence protective order, the district court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;

(b) make reasonable efforts at the hearing to ensure that the petitioner and the respondent, if present, understand the sexual violence protective order;

(c) transmit electronically, by the end of the business day after the day on which the court issues the order, a copy of the sexual violence protective order to a local law enforcement agency designated by the petitioner; and

(d) transmit a copy of the sexual violence protective order in the same manner as described in Section 78B-7-113.

(7)(a) A respondent may request the court modify or vacate a protective order in accordance with Subsection (7)(b).

(b) Upon a respondent’s request, the district court may modify or vacate a protective order after notice and a hearing, if the petitioner:

(i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure, and appears before the district court to give specific consent to the modification or vacation of the provisions of the protective order; or(ii) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.

78B-7-505. Hearings--Expiration--Extension

Updated: 
September 19, 2024

(1)(a) The court shall set a date for a hearing on the petition for a sexual violence protective order to be held within 21 days after the day on which the court issues an ex parte protective order.

(b) If, at the hearing described in Subsection (1)(a), the court does not issue a sexual violence protective order, the ex parte sexual protective order expires, unless extended by the court.

(c) The court may extend the 21-day period described in Subsection (1)(a) only if:

(i) a party is unable to be present at the hearing for good cause, established by the party’s sworn affidavit;

(ii) the respondent has not been served; or

(iii) exigent circumstances exist.

(d) If, at the hearing described in Subsection (1)(a), the court issues a sexual violence protective order, the ex parte sexual violence protective order remains in effect until service of process of the sexual violence protective order is completed.

(e) A sexual violence protective order remains in effect for three years after the day on which the court issues the order.

(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 calendar days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing on the objection within 21 days after the day on which the objection is filed.

(2) If the court denies a petition for an ex parte sexual violence protective order or a petition to modify a sexual violence protective order ex parte, the court shall, upon the petitioner’s request made within five days after the day on which the court denies the petition:

(a) set the matter for hearing to be held within 21 days after the day on which the petitioner makes the request; and

(b) notify and serve the respondent.

(3)(a) A sexual violence protective order automatically expires under Subsection (1)(e) unless the petitioner files a motion before the day on which the sexual violence protective order expires requesting an extension of the sexual violence protective order and demonstrates that:

(i) there is a substantial likelihood the petitioner will be subjected to sexual violence; or

(ii) the respondent committed or was convicted of a violation of the sexual violence protective order that the petitioner requests be extended or a sexual violence offense after the day on which the sexual violence protective order is issued.

(b)(i) If the court denies the motion described in Subsection (3)(a), the sexual violence protective order expires under Subsection (1)(e).

(ii) If the court grants the motion described in Subsection (3)(a), the court shall set a new date on which the sexual violence protective order expires.

(iii) A sexual violence protective order that is extended under this Subsection (3), may not be extended for more than three years after the day on which the court issues the order for extension.

(c) After the day on which the court issues an extension of a sexual violence protective order, the court shall take the action described in Subsection 78B-7-504(6).

(4) Nothing in this part prohibits a petitioner from seeking another protective order after the day on which the petitioner’s protective order expires.

78B-7-508. Enforcement--Penalties

Updated: 
September 19, 2024

(1) A violation of a protective order issued under this part is a class A misdemeanor.

(2) A petitioner may be subject to criminal prosecution under Title 76, Chapter 8, Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information provided for the purpose of obtaining a protective order.

Part 6. Cohabitant Abuse Protective Orders

Updated: 
September 19, 2024

78B-7-602. Abuse or danger of abuse--Cohabitant abuse protective orders

Updated: 
September 19, 2024

(1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek a protective order in accordance with this part, whether or not the cohabitant has left the residence or the premises in an effort to avoid further abuse.

(2) A petition for a protective order may be filed under this part regardless of whether an action for divorce between the parties is pending.

(3) A petition seeking a protective order may not be withdrawn without approval of the court.

78B-7-603. Cohabitant abuse protective orders--Ex parte cohabitant abuse protective orders--Modification of orders--Service of process--Duties of the court

Updated: 
September 19, 2024

(1) If it appears from a petition for a protective order or a petition to modify a protective order that domestic violence or abuse has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that a modification of a protective order is required, a court may:

(a) without notice, immediately issue an ex parte cohabitant abuse protective order or modify a protective order ex parte as the court considers necessary to protect the petitioner and all parties named to be protected in the petition; or

(b) upon notice, issue a protective order or modify an order after a hearing, regardless of whether the respondent appears.

(2) A court may grant the following relief without notice in a protective order or a modification issued ex parte:

(a) enjoin the respondent from threatening to commit domestic violence or abuse, committing domestic violence or abuse, or harassing the petitioner or any designated family or household member;

(b) prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner or any designated family or household member, directly or indirectly, with the exception of any parent-time provisions in the ex parte order;

(c) subject to Subsection (2)(e), prohibit the respondent from being within a specified distance of the petitioner;

(d) subject to Subsection (2)(e), order that the respondent is excluded from and is to stay away from the following places and their premises:

(i) the petitioner’s residence or any designated family or household member’s residence;

(ii) the petitioner’s school or any designated family or household member’s school;

(iii) the petitioner’s or any designated family or household member’s place of employment;

(iv) the petitioner’s place of worship or any designated family or household member’s place of worship; or

(v) any specified place frequented by the petitioner or any designated family or household member;

(e) if the petitioner or designated family or household member attends the same school as the respondent, is employed at the same place of employment as the respondent, or attends the same place of worship, the court:

(i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent from the respondent’s school, place of employment, or place of worship; and

(ii) may enter an order governing the respondent’s conduct at the respondent’s school, place of employment, or place of worship;

(f) upon finding that the respondent’s use or possession of a weapon may pose a serious threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a firearm or other weapon specified by the court;

(g) order possession and use of an automobile and other essential personal effects, and direct the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the residence, automobile, and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings;

(h) order the respondent to maintain an existing wireless telephone contract or account;

(i) grant to the petitioner or someone other than the respondent temporary custody of a minor child of the parties;

(j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803;

(k) prohibit the respondent from physically injuring, threatening to injure, or taking possession of a household animal that is owned or kept by the petitioner;

(l) prohibit the respondent from physically injuring or threatening to injure a household animal that is owned or kept by the respondent;

(m) order any further relief that the court considers necessary to provide for the safety and welfare of the petitioner and any designated family or household member; and

(n) if the petition requests child support or spousal support, at the hearing on the petition order both parties to provide verification of current income, including year-to-date pay stubs or employer statements of year-to-date or other period of earnings, as specified by the court, and complete copies of tax returns from at least the most recent year.

(3) A court may grant the following relief in a cohabitant abuse protective order or a modification of an order after notice and hearing, regardless of whether the respondent appears:

(a) grant the relief described in Subsection (2); and

(b) specify arrangements for parent-time of any minor child by the respondent and require supervision of that parent-time by a third party or deny parent-time if necessary to protect the safety of the petitioner or child.

(4) In addition to the relief granted under Subsection (3), the court may order the transfer of a wireless telephone number in accordance with Section 78B-7-117.

(5) Following the cohabitant abuse protective order hearing, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;

(b) make reasonable efforts to ensure that the cohabitant abuse protective order is understood by the petitioner, and the respondent, if present;

(c) transmit electronically, by the end of the next business day after the order is issued, a copy of the cohabitant abuse protective order to the local law enforcement agency or agencies designated by the petitioner;

(d) transmit a copy of the order to the statewide domestic violence network described in Section 78B-7-113; and

(e) if the individual is a respondent or defendant subject to a court order that meets the qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal Identification that includes:

(i) an agency record identifier;

(ii) the individual’s name, sex, race, and date of birth;

(iii) the issue date, conditions, and expiration date for the protective order; and

(iv) if available, the individual’s social security number, government issued driver license or identification number, alien registration number, government passport number, state identification number, or FBI number.

(6) Each protective order shall include two separate portions, one for provisions, the violation of which are criminal offenses, and one for provisions, the violation of which are civil offenses, as follows:

(a) criminal offenses are those under Subsections (2)(a) through (g), and under Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and

(b) civil offenses are those under Subsections (2)(h) through (l), Subsection (3)(a) as it refers to Subsections (2)(h) through (l), and Subsection (3)(b).

(7) Child support and spouse support orders issued as part of a protective order are subject to mandatory income withholding under Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases, except when the protective order is issued ex parte.

(8)(a) The county sheriff that receives the order from the court, under Subsection (5), shall provide expedited service for protective orders issued in accordance with this part, and shall transmit verification of service of process, when the order has been served, to the statewide domestic violence network described in Section 78B-7-113.

(b) This section does not prohibit any law enforcement agency from providing service of process if that law enforcement agency:

(i) has contact with the respondent and service by that law enforcement agency is possible; or

(ii) determines that under the circumstances, providing service of process on the respondent is in the best interests of the petitioner.

(9)(a) When an order is served on a respondent in a jail or other holding facility, the law enforcement agency managing the facility shall make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.

(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide notification, including mailing a copy of the notification to the last-known address of the victim.

(10) A court may modify or vacate a protective order or any provisions in the protective order after notice and hearing, except that the criminal provisions of a cohabitant abuse protective order may not be vacated within two years of issuance unless the petitioner:

(a) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure, and the petitioner personally appears, in person or through court video conferencing, before the court and gives specific consent to the vacation of the criminal provisions of the cohabitant abuse protective order; or

(b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the cohabitant abuse protective order.

(11) A protective order may be modified without a showing of substantial and material change in circumstances.

(12) A civil provision of a protective order described in Subsection (6) may be dismissed or modified at any time in a divorce, parentage, custody, or guardianship proceeding that is pending between the parties to the protective order action if:

(a) the parties stipulate in writing or on the record to dismiss or modify a civil provision of the protective order; or

(b) the court in the divorce, parentage, custody, or guardianship proceeding finds good cause to dismiss or modify the civil provision.

78B-7-604. Hearings

Updated: 
September 19, 2024

(1)(a) The court shall set a date for a hearing on the petition for a cohabitant abuse protective order to be held within 21 days after the day on which the court issues an ex parte cohabitant abuse protective order.

(b) If, at the hearing described in Subsection (1)(a), the court does not issue a protective order, the ex parte cohabitant abuse protective order expires, unless extended by the court.

(c)(i) The court may extend the 21-day period described in Subsection (1)(a) only if:

(A) the petitioner is unable to be present at the hearing;

(B) the respondent has not been served;

(C) the respondent has had the opportunity to present a defense at the hearing;

(D) the respondent requests that the ex parte cohabitant abuse protective order be extended; or

(E) exigent circumstances exist.

(ii) Under no circumstances may an ex parte cohabitant abuse protective order be extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant abuse protective order.

(d) If, at that hearing described in Subsection (1)(a), the court issues a cohabitant abuse protective order, the ex parte cohabitant abuse protective order remains in effect until service of process of the protective order is completed.

(e) A cohabitant abuse protective order issued after notice and a hearing is effective until further order of the court.

(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing within 21 days after the day on which the objection is filed.

(2) Upon a hearing under this section, the court may grant any of the relief described in Section 78B-7-603.

(3) If the court denies a petition for an ex parte cohabitant abuse protective order or a petition to modify a protective order ex parte, the court shall, upon the request of the petitioner made within five days after the day on which the court denies the petition:

(a) set the matter for hearing to be held within 21 days after the day on which the petitioner makes the request; and

(b) notify and serve the respondent.

(4)(a) A respondent who has been served with an ex parte cohabitant abuse protective order may seek to vacate the ex parte cohabitant abuse protective order described in Subsection (1)(a) by filing a verified motion to vacate before the day on which the hearing is set.

(b) The respondent’s verified motion to vacate described in Subsection (4)(a) and a notice of hearing on the motion shall be personally served on the petitioner at least two days before the day on which the hearing on the motion to vacate is set.

78B-7-605. Dismissal

Updated: 
September 19, 2024

(1) Except as otherwise provided in Subsection 78B-7-603(10) concerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:
 

(a) the basis for the issuance of the protective order no longer exists;
 

(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and
 

(c) the petitioner’s actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.
 

(2) The court shall enter sanctions against either party if the court determines that either party acted:
 

(a) in bad faith; or
 

(b) with intent to harass or intimidate the other party.
 

(3) If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:
 

(a) the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and
 

(b)(i) the parties stipulate in writing or on the record to dismiss the protective order; or
 

(ii) based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.
 

(4) When the court dismisses a protective order, the court shall immediately:
 

(a) issue an order of dismissal to be filed in the protective order action; and
 

(b) transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-113.

78B-7-606. Expiration--Extension

Updated: 
September 19, 2024

(1)(a) Except as provided in Subsection (1)(b) and subject to the other provisions of this section, a cohabitant abuse protective order automatically expires three years after the day on which the cohabitant abuse protective order is entered.

(b)(i) The civil provisions of a cohabitant abuse protective order described in Section 78B-7-603 expires 150 days after the day on which the cohabitant abuse protective order is entered, unless the court finds good cause for extending the expiration date of the civil provisions.

(ii) Unless a motion under this section is granted, a court may not extend the civil provisions of a cohabitant abuse protective order for more than three years after the day on which the cohabitant abuse protective order is entered.

(2) A cohabitant abuse protective order automatically expires under Subsection (1), unless the petitioner files a motion before the day on which the cohabitant abuse protective order expires and demonstrates that:

(a) the petitioner has a current reasonable fear of future harm, abuse, or domestic violence; or

(b) the respondent committed or was convicted of a cohabitant abuse protective order violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1, subsequent to the issuance of the cohabitant abuse protective order.

(3)(a) If the court grants the motion under Subsection (2), the court shall set a new date on which the cohabitant abuse protective order expires.

(b) The cohabitant abuse protective order will expire on the date set by the court unless the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse protective order.

78B-7-608. No denial of relief solely because of lapse of time

Updated: 
September 19, 2024

The court may not deny a petitioner relief requested under this part solely because of a lapse of time between an act of domestic violence or abuse and the filing of the petition for a protective order.

78B-7-609. Prohibition of court-ordered or court-referred mediation

Updated: 
September 19, 2024

In any case brought under the provisions of this part, the court may not order the parties into mediation for resolution of the issues in a petition for a protective order.

Part 7. Civil Stalking Injunctions

Updated: 
September 19, 2024

78B-7-701. Ex parte civil stalking injunction--Civil stalking injunction

Updated: 
September 19, 2024

(1)(a) Except as provided in Subsection (1)(b), an individual who believes that the individual is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker with the district court in the district in which the individual or respondent resides or in which any of the events occurred. A minor with the minor’s parent or guardian may file a petition on the minor’s own behalf, or a parent, guardian, or custodian may file a petition on the minor’s behalf.

(b) A stalking injunction may not be obtained against a law enforcement officer, governmental investigator, or licensed private investigator, who is acting in official capacity.

(2) The petition for a civil stalking injunction shall include:

(a) the name of the petitioner, however, the petitioner’s address shall be disclosed to the court for purposes of service, but, on request of the petitioner, the address may not be listed on the petition, and shall be protected and maintained in a separate document or automated database, not subject to release, disclosure, or any form of public access except as ordered by the court for good cause shown;

(b) the name and address, if known, of the respondent;

(c) specific events and dates of the actions constituting the alleged stalking;

(d) if there is a prior court order concerning the same conduct, the name of the court in which the order was rendered; and

(e) corroborating evidence of stalking, which may be in the form of a police report, affidavit, record, statement, item, letter, or any other evidence which tends to prove the allegation of stalking.

(3)(a) If the court determines that there is reason to believe that an offense of stalking has occurred, an ex parte civil stalking injunction may be issued by the court that includes any of the following:

(i) respondent may be enjoined from committing stalking;

(ii) respondent may be restrained from coming near the residence, place of employment, or school of the other party or specifically designated locations or persons;

(iii) respondent may be restrained from contacting, directly or indirectly, the other party, including personal, written or telephone contact with the other party, the other party’s employers, employees, fellow workers or others with whom communication would be likely to cause annoyance or alarm to the other party; or

(iv) any other relief necessary or convenient for the protection of the petitioner and other specifically designated individuals under the circumstances.

(b) If the petitioner and respondent have minor children, the court shall follow the provisions of Section 78B-7-603 and take into consideration the respondent’s custody and parent-time rights while ensuring the safety of the victim and the minor children. If the court issues a civil stalking injunction, but declines to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered.

(4) Within 10 days after the day on which the the ex parte civil stalking injunction is served, the respondent is entitled to request, in writing, an evidentiary hearing on the civil stalking injunction.

(a) A hearing requested by the respondent shall be held within 10 days after the day on which the request is filed with the court unless the court finds compelling reasons to continue the hearing. The hearing shall then be held at the earliest possible time. The burden is on the petitioner to show by a preponderance of the evidence that stalking of the petitioner by the respondent has occurred.

(b) An ex parte civil stalking injunction issued under this section shall state on the civil stalking injunction’s face:

(i) that the respondent is entitled to a hearing, upon written request within 10 days after the day on which the order is served;

(ii) the name and address of the court where the request may be filed;

(iii) that if the respondent fails to request a hearing within 10 days after the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking injunction is automatically modified to a civil stalking injunction without further notice to the respondent and the civil stalking injunction expires three years after the day on which the ex parte civil stalking injunction is served; and

(iv) that if the respondent requests, in writing, a hearing after the ten-day period after service, the court shall set a hearing within a reasonable time from the date requested.

(5) At the hearing, the court may modify, revoke, or continue the injunction. The burden is on the petitioner to show by a preponderance of the evidence that stalking of the petitioner by the respondent has occurred.

(6) The ex parte civil stalking injunction shall be served on the respondent within 90 days after the day on which the ex parte civil stalking injunction is signed. An ex parte civil stalking injunction is effective upon service. If no hearing is requested in writing by the respondent within 10 days after the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking injunction automatically becomes a civil stalking injunction without further notice to the respondent and expires three years after the day on which the ex parte civil stalking injunction is served.

(7) If the respondent requests a hearing after the 10-day period after service, the court shall set a hearing within a reasonable time from the date requested. At the hearing, the burden is on the respondent to show good cause why the civil stalking injunction should be dissolved or modified.

(8) Within 24 hours after the affidavit or acceptance of service has been returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and proof of service or acceptance of service in the statewide network for warrants or a similar system.

(a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction may not depend upon entry of the ex parte civil stalking injunction or civil stalking injunction in the statewide system and, for enforcement purposes, a certified copy of an ex parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing order of the court for a period of three years after the day on which the ex parte civil stalking injunction is served on the respondent.

(b) Any changes or modifications of the ex parte civil stalking injunction are effective upon service on the respondent. The original ex parte civil stalking injunction continues in effect until service of the changed or modified civil stalking injunction on the respondent.

(9) Within 24 hours after the affidavit or acceptance of service is returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the changed or modified civil stalking injunction and proof of service or acceptance of service in the statewide network for warrants or a similar system.

(10) The ex parte civil stalking injunction or civil stalking injunction may be dissolved at any time upon application of the petitioner to the court that granted the ex parte civil stalking injunction or civil stalking injunction.

(11) An ex parte civil stalking injunction and a civil stalking injunction shall be served by a sheriff or constable in accordance with this section.

(12) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The court shall hear and decide all matters arising under this section.

(13) After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees.

(14) This section does not apply to preliminary injunctions issued under an action for dissolution of marriage or legal separation.

78B-7-703. Violation

Updated: 
September 19, 2024

(1) A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part constitutes the criminal offense of stalking under Section 76-5-106.5 and is also a violation of the civil stalking injunction.

(2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part may be enforced by a civil action initiated by the petitioner, a criminal action initiated by a prosecuting attorney, or both.

Part 8. Criminal Protective Orders

Updated: 
September 19, 2024

78B-7-802. Conditions for release after arrest for domestic violence and other offenses--Jail release agreements--Jail release court orders

Updated: 
September 19, 2024

(1) Upon arrest or issuance of a citation for a qualifying offense and before the individual is released under Section 77-20-204 or 77-20-205, the individual may not telephone, contact, or otherwise communicate with the alleged victim, directly or indirectly.

(2)(a) After an individual is arrested or issued a citation for a qualifying offense, the individual may not be released before:

(i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or

(ii) the individual signs a jail release agreement.

(b) If an arrested individual is booked into jail, the arresting officer shall ensure that the information presented to the magistrate includes whether the alleged victim has made a waiver described in Subsection (5)(a).

(c) If the magistrate determines there is probable cause to support the charge or charges of one or more qualifying offenses, the magistrate shall issue a temporary pretrial status order, as defined in Section 77-20-102, in accordance with Section 77-20-205.

(d) The magistrate may not release an individual arrested for a qualifying offense unless the magistrate issues a jail release court order or the arrested individual signs a jail release agreement.

(3)(a) If an individual charged with a qualifying offense fails to either schedule an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after the time of arrest, the individual shall comply with the release conditions of a jail release agreement or jail release court order until the individual makes an initial appearance.

(b) If the prosecutor has not filed charges against an individual who was arrested for a qualifying offense and who appears in court at the time scheduled by the magistrate under Subsection (2), or by the court under Subsection (3)(b)(ii), the court:

(i) may, upon the motion of the prosecutor and after allowing the individual an opportunity to be heard on the motion, extend the release conditions described in the jail release court order or the jail release agreement by no more than three court days; and

(ii) if the court grants the motion described in Subsection (3)(b)(i), shall order the arrested individual to appear at a time scheduled before the end of the granted extension.

(c)(i) If the prosecutor determines that there is insufficient evidence to file charges before an initial appearance scheduled under Subsection (3)(a), the prosecutor shall transmit a notice of declination to either the magistrate who signed the jail release court order or, if the releasing agency obtains a jail release agreement from the released arrestee, to the statewide domestic violence network described in Section 78B-7-113.

(ii) A prosecutor’s notice of declination transmitted under this Subsection (3)(c) is considered a motion to dismiss a jail release court order and a notice of expiration of a jail release agreement.

(4) Except as provided in Subsections (3) and (11) or otherwise ordered by a court, a jail release agreement or jail release court order expires at midnight after the earlier of:

(a) the arrested or cited individual’s initial scheduled court appearance described in Subsection (3)(a);

(b) the day on which the prosecutor transmits the notice of the declination under Subsection (3)(c); or

(c) 30 days after the day on which the individual is arrested or issued a citation.

(5)(a)(i) After an individual is arrested or issued a citation for a qualifying offense, an alleged victim who is not a minor may waive in writing any condition of a jail release agreement by:

(A) appearing in person to the law enforcement agency that arrested the individual or issued the citation to the individual for the qualifying offense;

(B) appearing in person to the jail or correctional facility that released the arrested individual from custody; or

(C) appearing in person to the clerk at the court of the jurisdiction where the charges are filed.

(ii) An alleged victim who is not a minor may waive in writing the release conditions prohibiting:

(A) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly; or

(B) knowingly entering on the premises of the alleged victim’s residence or on premises temporarily occupied by the alleged victim.

(iii) Except as provided in Subsection (5)(a)(iv), a parent or guardian may waive any condition of a jail release agreement on behalf of an alleged victim who is a minor in the manner described in Subsections (5)(a)(i) and (ii).

(iv) A parent or guardian may not, without the approval of the court, waive the release conditions described in Subsection (5)(a)(ii) on behalf of an alleged victim who is a minor, if the alleged victim who is a minor:

(A) allegedly suffers bodily injury as a result of the qualifying offense;

(B) summons or attempts to summon emergency aid for the qualifying offense; or

(C) after the time at which the qualifying offense is allegedly committed and before the time at which the arrested or cited individual signs the jail release agreement, discloses to a law enforcement officer that the arrested or cited individual threatened the alleged victim who is a minor with bodily injury.

(v) Upon waiver, the release conditions described in Subsection (5)(a)(ii) do not apply to the arrested or cited individual.

(b) A court or magistrate may modify a jail release agreement or a jail release court order in writing or on the record, and only for good cause shown.

(6)(a) When an individual is arrested or issued a citation and subsequently released in accordance with Subsection (2), the releasing agency shall:

(i) notify the arresting law enforcement agency of the release, conditions of release, and any available information concerning the location of the alleged victim;

(ii) make a reasonable effort to notify the alleged victim of the release; and

(iii) before releasing the individual who is arrested or issued a citation, give the arrested or cited individual a copy of the jail release agreement or the jail release court order.

(b)(i) When an individual arrested or issued a citation for domestic violence is released under this section based on a jail release agreement, the releasing agency shall transmit that information to the statewide domestic violence network described in Section 78B-7-113.

(ii) When an individual arrested or issued a citation for domestic violence is released under this section based upon a jail release court order or if a jail release agreement is modified under Subsection (5)(b), the court shall transmit that order to the statewide domestic violence network described in Section 78B-7-113.

(c) This Subsection (6) does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.

(7) An individual who is arrested for a qualifying offense that is a felony and released in accordance with this section may subsequently be held without bail if there is substantial evidence to support a new felony charge against the individual.

(8) At the time an arrest is made or a citation is issued for a qualifying offense, the arresting officer shall provide the alleged victim with written notice containing:

(a) the release conditions described in this section, and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:

(i) the alleged perpetrator enters into a jail release agreement to comply with the release conditions; or

(ii) the magistrate issues a jail release order that specifies the release conditions;

(b) notification of the penalties for violation of any jail release agreement or jail release court order;

(c) the address of the appropriate court in the district or county in which the alleged victim resides;

(d) the availability and effect of any waiver of the release conditions; and

(e) information regarding the availability of and procedures for obtaining civil and criminal protective orders with or without the assistance of an attorney.

(9) At the time an arrest is made or a citation is issued for a qualifying offense, the arresting officer shall provide the alleged perpetrator with written notice containing:

(a) notification that the alleged perpetrator may not contact the alleged victim before being released, including telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;

(b) the release conditions described in this section and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:

(i) the alleged perpetrator enters into a jail release agreement to comply with the release conditions; or

(ii) the magistrate issues a jail release court order;

(c) notification of the penalties for violation of any jail release agreement or jail release court order; and

(d) notification that the alleged perpetrator is to personally appear in court on the next day the court is open for business after the day of the arrest.

(10)(a) A pretrial or sentencing protective order issued under this part supersedes a jail release agreement or jail release court order.

(b) If a court dismisses the charges for the qualifying offense that gave rise to a jail release agreement or jail release court order, the court shall dismiss the jail release agreement or jail release court order.

(11)(a) This section does not apply if the individual arrested for the qualifying offense is a minor who is under 18 years old, unless the qualifying offense is domestic violence.

(b) A jail release agreement signed by, or a jail release court order issued against, a minor expires on the earlier of:

(i) the day of the minor’s initial court appearance described in Subsection (3)(a);

(ii) the day on which the prosecutor transmits the notice of declination under Subsection (3)(c);

(iii) 30 days after the day on which the minor is arrested or issued a citation; or

(iv) the day on which the juvenile court terminates jurisdiction.

78B-7-806. Penalties

Updated: 
September 19, 2024

(1)(a) A violation of Subsection 78B-7-802(1) is a class B misdemeanor.

(b) An individual who knowingly violates a jail release court order or jail release agreement executed under Subsection 78B-7-802(2) is guilty of:

(i) a third degree felony, if the original arrest was for a felony; or

(ii) a class A misdemeanor, if the original arrest was for a misdemeanor.

(2) A violation of a pretrial protective order issued under this part is:

(a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or

(b) a class A misdemeanor, if the original arrest or subsequent charge filed is a misdemeanor.

(3) A violation of a sentencing protective order and of a continuous protective order issued under this part is:

(a) a third degree felony, if the conviction was a felony; or

(b) a class A misdemeanor, if the conviction was a misdemeanor.

Part 11. Workplace Violence Protective Orders

Updated: 
September 19, 2024

78B-7-1101. Definitions

Updated: 
September 19, 2024

As used in this part:

(1) “Employee” means an employee in the service of an employer for compensation.

(2) “Employer” means a person who employs an individual in this state.

(3) “Ex parte workplace violence protective order” means an order issued without notice to the respondent under this part.

(4) “Protective order” means:

(a) a workplace violence protective order; or

(b) an ex parte workplace violence protective order.

(5) “Workplace violence” means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:

(a) the person is:

(i) an employer; or

(ii) an employee performing the employee’s duties as an employee; and

(b)(i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or

(ii) the threat:

(A) would cause a reasonable person to fear that the threat will be carried out; and

(B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed.

(6) “Workplace violence protective order” means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice.

78B-7-1102. Petition for a workplace violence protective order--Notice to known targets of workplace violence

Updated: 
September 19, 2024

(1) An employer may seek, or authorize an agent to seek, a protective order in accordance with this part, if the employer reasonably believes workplace violence has occurred against the employer or an employee of the employer.

(2) If an employer seeking a workplace violence protective order as described in Subsection (1) has knowledge that a specific individual is the target of workplace violence, the employer shall make a good faith effort to notify the targeted individual that the employer is seeking a workplace violence protective order.

78B-7-1103. Workplace violence protective orders--Ex parte workplace violence protective orders--Modification of orders--Evidence in another lawsuit

Updated: 
September 19, 2024

(1) If it appears from a petition for a protective order or a petition to modify an existing protective order that workplace violence has occurred, the court may:

(a) without notice, immediately issue an ex parte workplace violence protective order against the respondent or modify an existing workplace violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or

(b) upon notice to the respondent, issue a workplace violence protective order or modify a workplace violence protective order after a hearing, regardless of whether the respondent appears.

(2)(a) The court may grant the following relief with or without notice or a hearing in a protective order or in a modification to a protective order:

(i) enjoin the respondent from committing workplace violence;

(ii) enjoin the respondent from threatening the petitioner or an employee of the petitioner while performing the employee’s duties as an employee; or

(iii) subject to Subsection (2)(c), order that the respondent is excluded and shall stay away from the petitioner’s workplace.

(b) Except as provided in Subsection (2)(a), a protective order may not restrict the respondent’s communications.

(c) The court shall narrowly tailor an order described in Subsection (2)(a)(iii) to the location where the respondent caused or threatened to cause bodily injury to, or significant damage to property of, the petitioner or an employee of the petitioner.

(3) After the court issues a protective order, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;

(b) transmit electronically, by the end of the business day after the day on which the court issues the protective order, a copy of the protective order to the local law enforcement agency that the petitioner designates; and

(c) transmit a copy of the protective order in the same manner as described in Section 78B-7-113.

(4) The court may modify or vacate a protective order after notice and hearing, if the petitioner:

(a)(i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure; and

(ii) appears before the court to give specific consent to the modification or vacation of the provisions of the protective order; or

(b) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.

(5) The existence of a protective order may not be used as evidence of liability or damages in a lawsuit between the petitioner and the respondent regardless of whether the petitioner or respondent seeks to admit the facts underlying the protective order as evidence.

78B-7-1104. Hearings--Expiration

Updated: 
September 19, 2024

(1)(a) A court shall set a date for a hearing on the petition to be held within 21 days after the day on which the court issues an ex parte workplace violence protective order.

(b) If, at the hearing described in Subsection (1)(a), the court does not issue a workplace violence protective order, the ex parte workplace violence protective order expires on the day on which the hearing is held, unless the court extends the ex parte workplace violence protective order.

(c) Subject to Subsection (1)(d), a court may not extend an ex parte workplace violence protective order beyond 21 days after the day on which the court issues the ex parte workplace violence protective order, unless:

(i) a party is unable to be present at the hearing for good cause, established by the party’s sworn affidavit;

(ii) the respondent has not been served; or

(iii) exigent circumstances exist.

(d) If, at the hearing described in Subsection (1)(a), the court issues a workplace violence protective order, the ex parte workplace violence protective order remains in effect until service of process of the workplace violence protective order is completed.

(e) A workplace violence protective order issued after notice and a hearing remains in effect for a period the court determines, not to exceed 18 months after the day on which the court issues the order, unless the order is extended in accordance with Section 78B-7-1105.

(f)(i) If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within 10 calendar days after the day on which the commissioner enters the recommended order.

(ii) If a party files an objection as described in Subsection (1)(f)(i), the judge shall hold a hearing on the objection within 21 days after the day on which the party files the objection.

(2)(a) If a court denies a petition for an ex parte workplace violence protective order or a petition to modify a workplace violence protective order ex parte, the petitioner may, within five days after the day on which the court denies the petition, request a hearing.

(b) If the petitioner requests a hearing as described in Subsection (2)(a), the court shall:

(i) set a hearing to be held within 21 days after the day on which the petitioner makes the request; and

(ii) notify and serve the respondent.

78B-7-1105. Extension

Updated: 
September 19, 2024

(1) A workplace violence protective order expires automatically, unless the petitioner:

(a) files a motion before the day on which the workplace violence protective order expires; and

(b) demonstrates that:

(i) there is a substantial likelihood that the petitioner an employee of the petitioner while performing the employee’s duties as an employee; or

(ii) the respondent committed or was convicted of a violation of the workplace violence protective order that the petitioner requests be extended.

(2)(a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection (1)(a), the court shall set a new date on which the workplace violence protective order expires.

(b) A court may not extend a workplace violence protective order for more than 18 months after the day on which the court issues the order for extension.

(3) After the day on which the court issues an extension of a workplace violence protective order, the court shall take the action described in Subsection 78B-7-1103(3).

(4) This part does not prohibit a petitioner from seeking another protective order after the day on which the petitioner’s protective order expires.

78B-7-1106. Service of process

Updated: 
September 19, 2024

(1) The county sheriff that receives an order from a court under Subsection 78B-7-1103(3) or 78B-7-1105(3), shall:

(a) provide expedited service for the protective order; and

(b) after the protective order is served, transmit verification of service of process to the statewide network described in Section 78B-7-113.

(2) This section does not prohibit another law enforcement agency from providing service of process if the law enforcement agency:

(a) has contact with the respondent; or

(b) determines that, under the circumstances, providing service of process on the respondent is in the best interest of the petitioner.

78B-7-1107. Penalties

Updated: 
September 19, 2024

A violation of a protective order issued under this part is a class A misdemeanor.

78B-7-1108. Employer liability

Updated: 
September 19, 2024

(1) An employer is immune from civil liability for:

(a) seeking a workplace violence protective order, if the employer acts in good faith in seeking the order; or

(b) failing to seek a workplace violence protective order.

(2) An employer’s action or statement made under this part:

(a) is not an admission of any fact; and

(b) may be used for purposes of impeachment.

Title 81. Utah Domestic Relations Code

Updated: 
September 19, 2024

Chapter 4. Dissolution of Marriage

Updated: 
September 19, 2024

Part 1. General Provisions

Updated: 
September 19, 2024

81-4-101. Definitions for chapter

Updated: 
September 19, 2024

As used in this chapter:

(1) “Alimony” means financial support made to a spouse or former spouse for the support and maintenance of that spouse.

(2) “Child support” means the same as that term is defined in Section 81-6-101.

81-4-102. Action for annulment or divorce as alternative relief

Updated: 
September 19, 2024

Nothing in this chapter shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief.

81-4-103. Nunc pro tunc order by court

Updated: 
September 19, 2024

Upon a court’s finding of good cause and giving of such notice as may be ordered, the court may enter an order nunc pro tunc in a matter relating to marriage, divorce, legal separation, or annulment of marriage.

81-4-104. Temporary separation order

Updated: 
September 19, 2024

(1) An individual may file an action for a temporary separation order, without filing a petition for divorce, by filing a petition for temporary separation and motion for temporary orders if:

(a) the individual is lawfully married to the individual from whom the separation is sought; and

(b)(i) both parties are residents of the state for at least 90 days before the day on which the action is filed; or

(ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(4)(a)(ii).

(2) The temporary orders are valid for one year after the day on which the hearing for the order is held or until one of the following occurs:

(a) a petition for divorce is filed and consolidated with the petition for temporary separation; or

(b) the case is dismissed.

(3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.

(4)(a) If the parties to the temporary separation action have a minor child, the parties shall attend the divorce orientation course described in Section 81-4-105:

(i) for the petitioner, within 60 days after the day on which the petition is filed; and

(ii) for the respondent, within 30 days after the day on which the respondent is served.

(b) If the parties to the temporary separation action do not have a minor child, the parties may choose to attend the divorce orientation course described in Section 81-4-105.

(c) The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement.

(d) A petition shall include information regarding the divorce orientation course requirement when the petition is served on the respondent.

(5) For a party that is unable to pay the costs of the divorce orientation course, and before the court enters a decree of divorce in the action, the court shall:

(a) make a final determination of indigency; and

(b) order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent.

(6)(a) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course.

(b) It is an affirmative defense in a temporary separation action that a party has not completed the divorce orientation course and the action may not continue until a party has complied with the divorce orientation course.

(7)(a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court’s own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties.

(b) If the requirement is waived, the court may permit the temporary separation action to proceed.

(8) The petitioner shall serve the petition for a temporary separation order in accordance with the Utah Rules of Civil Procedure.

(9) If a party files for divorce within one year after the day on which the petition for temporary separation is filed, the filing fee for a petition for temporary separation shall be credited towards the filing fee for a divorce.

81-4-105. Mandatory orientation course for divorce or temporary separation actions

Updated: 
September 19, 2024

(1)(a) There is established a mandatory divorce orientation course for all parties with minor children who file a petition for temporary separation or for a divorce.

(b) A couple with no minor children is not required, but may choose to attend the course.

(2) The divorce orientation course shall be neutral, unbiased, and at least one hour in duration.

(3) The divorce orientation course shall educate the parties about the divorce process and reasonable alternatives, including instructing the parties on:

(a) options available as alternatives to divorce;

(b) resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce;

(c) resources available to improve or strengthen the marriage;

(d) a discussion of the positive and negative consequences of divorce;

(e) a discussion of the process of divorce;

(f) options available for proceeding with a divorce, including:

(i) mediation;

(ii) collaborative law; and

(iii) litigation; and

(g) a discussion of post-divorce resources.

(4) The divorce orientation course may be provided in conjunction with a mandatory parenting course required by Section 81-9-103.

(5) The Administrative Office of the Courts shall administer the divorce orientation course, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah’s judicial districts.

(6) The divorce orientation course may be through live instruction, video instruction, or through an online provider.

(7)(a) A party shall pay the cost of the divorce orientation course to the independent contractor providing the course at the time and place of the course.

(b) A party may not be charged more than $30 to participate in the divorce orientation course.

(c) A petitioner may not be charged more than $15 to participate in the divorce orientation course if the petitioner attends a live instruction course within 30 days after the day on which the petitioner filed the action.

(d) A respondent may not be charged more than $15 to participate in the divorce orientation course if the respondent attends a live instruction course within 30 days after the day on which the respondent is served with the action.

(e) A fee of $5 shall be collected, as part of the divorce orientation course fee paid by each participant, and deposited in the Children’s Legal Defense Account described in Section 51-9-408.

(f) Each party who is unable to pay the costs of the course may attend the divorce orientation course, without payment, upon a prima facie showing of indigency as evidenced by an affidavit of indigency filed in the district court in accordance with Section 78A-2-302.

(g) The Administrative Office of the Courts shall use appropriations from the Children’s Legal Defense Account to reimburse an independent contractor for the costs of a party who is unable to pay for the divorce orientation course under Subsection (7)(f).

(8) The Online Court Assistance Program shall include instructions with the forms for divorce that inform the petitioner of the requirement of this section.

(9) A certificate of completion constitutes evidence to the court of completion of the divorce orientation course by the parties.

(10) The Administrative Office of the Courts shall:

(a) adopt a program to evaluate the effectiveness of the divorce orientation course described in this section; and

(b) provide progress reports to the Judiciary Interim Committee if requested.

Part 4. Divorce

Updated: 
September 19, 2024

81-4-401. Definitions for part

Updated: 
September 19, 2024

As used in this part:

(1) “Cohabitation” means the same as the term, “cohabit,” is defined in Section 81-4-501.

(2) “Mandatory courses” means:

(a) the mandatory divorce orientation course described in Section 81-4-105; and

(b) the mandatory parenting course described in Section 81-9-103.

(3) “Petitioner” means the individual who brings a petition for divorce.

(4) “Respondent” means the individual against whom a petition for divorce is brought.

81-4-402. Petition for divorce--Divorce proceedings--Temporary orders

Updated: 
September 19, 2024

(1) An individual may bring a petition for divorce if:

(a) the individual or the individual’s spouse is an actual and bona fide resident of the county where the petition is filed for at least 90 days before the day on which the petition is filed;

(b) the individual is a member of the armed forces of the United States and the individual is stationed under military orders in this state for at least 90 days before the day on which the petition is filed; or

(c) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(4)(a)(ii).

(2) A divorce action shall be commenced and conducted in accordance with this chapter and the Utah Rules of Civil Procedure.

(3)(a) The court may not enter a decree of divorce until 30 days after the day on which the petition is filed, unless the court finds that extraordinary circumstances exist.

(b) The court may make interim orders as the court considers just and equitable before the expiration of the 30-day period described in Subsection (3)(a).

(4)(a) If the parties to the divorce action have a minor child, the parties shall attend the mandatory courses:

(i) for the petitioner, within 60 days after the day on which the petition is filed; and

(ii) for the respondent, within 30 days after the day on which the respondent is served.

(b) If the parties to a divorce action do not have a minor child, the parties may choose to attend the mandatory divorce orientation course described in Section 81-4-105.

(c) The clerk of the court shall provide notice to a petitioner of the requirement for the mandatory courses.

(d) A petition shall include information regarding the mandatory courses when the petition is served on the respondent.

(5) For a party that is unable to pay the costs of the mandatory courses, and before the court enters a decree of divorce in the action, the court shall:

(a) make a final determination of indigency; and

(b) order the party to pay the costs of the mandatory courses if the court determines the party is not indigent.

(6)(a) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory courses.

(b) It is an affirmative defense in a divorce action that a party has not completed the mandatory courses and the action may not continue until a party has complied with the mandatory courses.

(7)(a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the mandatory courses, on the court’s own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties.

(b) If the requirement is waived, the court may permit the divorce action to proceed.

(8) The use of counseling, mediation, and education services provided under this part may not be construed as condoning or promoting divorce.

81-4-405. Grounds for divorce

Updated: 
September 19, 2024

(1) A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:

(a) impotency of the respondent at the time of marriage;

(b) adultery committed by the respondent subsequent to marriage;

(c) willful desertion of the petitioner by the respondent for more than one year;

(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;

(e) habitual drunkenness of the respondent;

(f) conviction of the respondent for a felony;

(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;

(h) irreconcilable differences of the marriage;

(i) incurable insanity; or

(j) when the petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

(2) A decree of divorce granted under Subsection (1)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.

(3)(a) A court may not order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of insanity unless:

(i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and

(ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.

(b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent.

(c) A copy of the summons and petition shall be served on:

(i) the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon the respondent’s guardian ad litem; and

(ii) the county attorney for the county where the action is prosecuted.

(d) The county attorney shall:

(i) investigate the merits of the case;

(ii) if the respondent resides out of this state, take depositions as necessary;

(iii) attend the proceedings; and

(iv) make a defense as is just to protect the rights of the respondent and the interests of the state.

(e) The petitioner or respondent may:

(i) if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or

(ii) have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent.

(f) For the purpose described in Subsection (3)(e), a party may have leave from the court to enter any asylum or institution where the respondent may be confined.

(g) The court shall apportion the costs of court in this action.

Part 5. Spousal Support

Updated: 
September 19, 2024

81-4-501. Definitions for part

Updated: 
September 19, 2024

As used in this part:

(1) “Child support guidelines” means the same as that term is defined in Section 81-6-101.

(2) “Cohabit” means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.

(3) “Fault” means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage:

(a) engaging in sexual relations with an individual other than the party’s spouse;

(b) knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child;

(c) knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or

(d) substantially undermining the financial stability of the other party or the minor child.

(4) “Length of the marriage” means, for purposes of alimony, the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court.

(5) “Payee” means the party who is or would receive alimony from the other party.

(6) “Payor” means the party who is paying, or would pay, alimony to the other party.

(7) “Temporary alimony” means money that the court orders a party to pay during the pendency of an action under this chapter for the support and maintenance of a party as described in Subsection 81-1-203(4).

81-4-502. Determination of alimony

Updated: 
September 19, 2024

(1) For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to modify alimony, the court shall consider at least the following factors in determining alimony:

(a) the standard of living existing during the marriage, which factors shall include the following:

(i) income;

(ii) the approximate value of real and personal property; and

(iii) any other factor that the court determines to be appropriate to enable the court to make a determination of the standard of living existing during the marriage;

(b) the financial condition and needs of the payee, provided that the payee may show financial needs by itemizing expenses present during the marriage rather than by itemizing post petition expenses;

(c) the payee’s earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a minor child of the payor;

(d) the ability of the payor to provide support;

(e) the length of the marriage;

(f) whether the payee has custody of a minor child requiring support;

(g) whether the payee worked in a business owned or operated by the payor; and

(h) whether the payee directly contributed to any increase in the payor’s skill by paying for education received by the payor or enabling the payor to attend school during the marriage.

(2)(a) The court may consider the fault of the parties in determining whether to award alimony and the terms of the alimony.

(b) The court may, when fault is at issue, close the proceedings and seal the court records.

(3)(a) Except as otherwise provided by this section, the court shall consider the standard of living, existing at the time of separation, in determining alimony in accordance with this section.

(b) In considering all relevant facts and principles, the court may, in the court’s discretion, base alimony on the standard of living that existed at the time of trial.

(4)(a) The court may attempt to equalize the parties’ respective standards of living.

(b)(i) If a marriage has been in effect for 10 years or more, and if the payee has significantly diminished workplace experience resulting from an agreement between the spouses that the payee reduce the payee’s workplace experience to care for a minor child of the payor, it shall be the rebuttable presumption that the court equalize the parties’ standard of living.

(ii) The presumption under Subsection (4)(b)(i) can be rebutted by a showing of good cause, and the court shall enter specific findings of fact as to the evidentiary basis for its determination.

(c) This Subsection (4) may not be applied to or used as the basis to modify an alimony award if the petition for divorce was filed before May 1, 2024.

(5)(a) If the marriage is short in duration and a minor child has not been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage.

(b) In determining alimony when a marriage of short duration dissolves and a minor child has not been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.

(6)(a) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the parties due to the collective efforts of both parties, the court shall consider the change when dividing the marital property and in determining the amount of alimony.

(b) If a party’s earning capacity has been greatly enhanced through the efforts of both parties during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony.

(7)(a) Except as provided in Subsection (7)(c), the court may not order alimony for a period of time longer than the length of the marriage.

(b) If a party is ordered to pay temporary alimony during the pendency of a divorce action, the court shall count the period of time that the party pays temporary alimony towards the period of time for which the party is ordered to pay alimony.

(c) At any time before the termination of alimony, the court may find extenuating circumstances or good cause that justify the payment of alimony for a longer period of time than the length of the marriage.

81-4-503. Imputed income for payee for alimony purposes--No recent work history or disability

Updated: 
September 19, 2024

(1) Notwithstanding the provisions of Section 81-4-502 or 81-6-203, the court may, in determining imputation of income to a payee, apply the provisions of this section if the payee:

(a) has diminished workplace experience, that resulted from an agreement between the spouses that the payee reduce the payee’s workplace experience to care for a minor child of the payor; or

(b) has been diagnosed with a disability that has caused a reduction in the payee’s workplace experience.

(2) If a payee meets the requirements of Subsection (1)(a) or (b), the court:

(a) may consider reasonable efforts made by the payee to improve the payee’s employment situation and any reasonable barrier to obtaining or retaining employment; and

(b) is not required to consider that the payee may be underemployed if the payee is employed and has shown reasonable barriers to improving the payee’s employment.

(3)(a) In making an income imputation under this section, the court may use relevant provisions of Section 81-6-203, provided that the provision is not contrary to the requirements of this section.

(b) When considering what constitutes a reasonable barrier to obtaining or retaining employment, the court:

(i) may include in its analysis a determination of the length of time that is considered by the court to be recent as it relates to a payee’s work history, training, or education under this section;

(ii) may consider whether the payee:

(A) is fully competitive against other employment applicants whose work history, training, or education is current; and

(B) in the case of a disability, is fully competitive against other employment applicants who do not have a disability; and

(iii) may impute any income as it relates to employment for which the spouse is fully competitive and has not shown any reasonable barriers to obtain.

(c) If the court imputes any income to a payee who qualifies for income determination under this section, the court shall enter specific findings of fact as to the evidentiary basis for imputing the income.

(4)(a) After a divorce decree has been entered, subject to the requirements of Section 81-4-504, the court may review an income imputation to a payee under this section.

(b) A payee’s showing that barriers have prevented significant improvement of the payee’s employment situation, despite reasonable efforts on the part of the payee to improve the payee’s employment situation, may, in the court’s determination, constitute a substantial material change in circumstances and eligibility to review an income imputation under this section.

81-4-504. Modification of alimony after divorce decree

Updated: 
September 19, 2024

(1) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not expressly stated in the divorce decree or in the findings that the court entered at the time of the divorce decree.

(2)(a) A party’s retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree, or the findings that the court entered at the time of the divorce decree, expressly states otherwise.

(b) Subsection (2)(a) applies to a divorce decree regardless of the date on which the divorce decree was entered.

(3) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.

(4) In modifying the amount of alimony, the court may not consider the income of any subsequent spouse of the payor, except that the court may consider:

(a) the subsequent spouse’s financial ability to share living expenses; or

(b) the income of a subsequent spouse if the court finds that the payor’s improper conduct justifies that consideration.

81-4-505. Termination of alimony

Updated: 
September 19, 2024

(1)(a) Except as provided in Subsection (1)(b), or unless a decree of divorce specifically provides otherwise, any order of the court that a payor pay alimony to a payee automatically terminates upon the remarriage or death of that payee.

(b) If the remarriage of the payee is annulled and found to be void ab initio, the payment of alimony shall resume if the payor is made a party to the action of annulment and the payor’s rights are determined.

(2) If a payor establishes that a payee cohabits with another individual during the pendency of the divorce action, the court:

(a) may not order the payor to pay temporary alimony to the payee; and

(b) shall terminate any order that the payor pay temporary alimony to the payee.

(3)(a) Subject to Subsection (3)(b), the court shall terminate an order that a payor pay alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee cohabits with another individual even if the payee is not cohabiting with the individual when the payor files the motion to terminate alimony.

(b) A payor may not seek termination of alimony under Subsection (3)(a) later than one year after the day on which the payor knew or should have known that the payee has cohabited with another individual.