76-11-207. Threatening with or using a dangerous weapon in a fight or quarrel.
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Effective 5/7/2025
76-11-207. Threatening with or using a dangerous weapon in a fight or quarrel.
(1)Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-201 apply to this section.
(2)An actor commits threatening with or using a dangerous weapon in a fight or quarrel if the actor, in the presence of two or more individuals:
(a)unlawfully draws or exhibits a dangerous weapon in an angry and threatening manner; or
(b)unlawfully uses a dangerous weapon in a fight or quarrel.
(3)A violation of Subsection
(2)is a class A misdemeanor.
(4)This section does not apply to:
(a)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:
(i)threatens the use of a dangerous weapon; or
(ii)draws or exhibits a dangerous weapon; or
(b)an individual exempted from certain weapons laws as described in Subsections 53-5a-108(1)(a) through
(f)acting in performance of the individual's duties.
(5)For purposes of this section, the following conduct by an actor does not constitute drawing or exhibiting a dangerous weapon in an angry and threatening manner as described in Subsection
(2):
(a)possession of a dangerous weapon, whether visible or concealed, without additional threatening behavior; or
(i)informing another individual of the actor's possession of a dangerous weapon to prevent what the actor reasonably perceives as a possible use of unlawful force by the individual; and
(ii)the actor is not engaged in any activity described in Subsection 76-2-402(3)(a) .
Renumbered and Amended by Chapter 173 , 2025 General Session
Renumbered and Amended by Chapter 208 , 2025 General Session