CHANGE: You can now commit aggravated assault if you use a motor vehicle.
Felony 3 Aggravated Assault. Felony 3 aggravated assault in Utah is just simple assault causing or threating to cause bodily injury involving:
(1). A dangerous weapon involved, or
(2). A motor vehicle [new 2024 amendment], or
(3). Any affixation, strangulation, or nose/mouth airway obstruction, or
(4). Other means or force likely to produce death or serious bodily injury.
Felony 2 Aggravated Assault. Felony 2 aggravated assault in Utah occurs if:
(1). The act results in serious bodily injury, or
(2). The act produces a loss of consciousness, or
Felony 1 Aggravated Assault. Felony 1 aggravated assault in Utah occurs if:
(1). The conduct constitutes targeting a law enforcement officer and results in serious bodily injury.
“Bodily Injury,” “Serious Bodily Injury” and “Substantial Bodily Injury” are all defined terms at 76-1-101.5.
The motor vehicle aggravated assault amendment was added as part of a 2024 road rage criminal enhancement statute.
76-5-103. Effective 07/01/24 Aggravated assault — Penalties.
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(1) (a)As used in this section, “targeting a law enforcement officer” means the same as
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that term is defined in Section 76-5-202.
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(b)Terms defined in Section 76-1-101.5 apply to this section.
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(2)An actor commits aggravated assault if the actor :
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(a) (i) the actorattempts, with unlawful force or violence, to do bodily injury to
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another;
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(ii) the actormakes a threat, accompanied by a show of immediate force or violence,
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to do bodily injury to another; or
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(iii) the actorcommits an act, committed with unlawful force or violence, that causes
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bodily injury to another or creates a substantial risk of bodily injury to another; and
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(b) includes in the actor’s conduct under described in Subsection (2)(a) includes:
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(i) the use of:
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(i) (A) a dangerous weapon; or
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(B) a motor vehicle;
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(ii)any act that impedes the breathing or the circulation of blood of another
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individual by the actor’s use of unlawful force or violence that is likely to produce
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a loss of consciousness by:
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(A)applying pressure to the neck or throat of an individual; or
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(B)obstructing the nose, mouth, or airway of an individual; or
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(iii)other means or force likely to produce death or serious bodily injury.
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(3) (a)A violation of Subsection (2) is a third degree felony.
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(b)Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
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felony if:
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(i)the act results in serious bodily injury; or
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(ii)an act under Subsection (2)(b)(ii) produces a loss of consciousness.
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(c)Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
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degree felony if the conduct constitutes targeting a law enforcement officer and
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results in serious bodily injury.
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Section 12. Section 78A-2-109.5 is amended to read: