76-11-209. Improper discharging of a dangerous weapon.
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Effective 5/6/2026
76-11-209. Improper discharging of a dangerous weapon.
(1)Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-201 apply to this section.
(2)An actor commits improper discharging of a dangerous weapon if the actor:
(a)discharges a dangerous weapon:
(i)from a vehicle;
(ii)from, upon, or across a highway other than a class D road;
(iii)at a road sign placed on a highway;
(iv)at communications equipment or property of public utilities including a facility, line, pole, or device of transmission or distribution;
(v)at railroad equipment or facility including a sign or signal;
(vi)within a Utah State Park building, designated camp or picnic site, overlook, boat ramp, or developed beach; 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 other building; or
(B)a structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard; or
(b)notwithstanding Subsection (2)(a)(vii) :
(i)discharges a dangerous weapon while located on a waterfowl management area, as defined in Section 23A-12-301 , or a wildlife management area, as defined in Section 23A-6-101 ;
(ii)is within 300 feet of:
(A)a house, dwelling, or other building; or
(B)a structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard; and
(iii)does not have written permission to discharge the dangerous weapon from the owner or person in charge of the property described in Subsection (2)(b)(ii) .
(3)A violation of Subsection
(2)is a class B misdemeanor.
(4)In addition to any other penalties, the court shall:
(a)notify the Driver License Division of the conviction for purposes of 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) .
(5)This section does not apply to an actor who:
(a)discharges a dangerous weapon in the lawful defense of the actor or another individual;
(b)is an individual listed in Subsections 53-5a-108(1)(a) through
(f)and is performing official duties as provided in Section 23A-2-207 or 79-2-704 or as otherwise provided by law;
(c)discharges a dangerous weapon 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 (5)(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
(2); or
(d)acting under a farm custom slaughter license, discharges a firearm or other dangerous weapon in accordance with Subsection 4-32-108(3) .
(6)It is a defense to a charge for violating this section that the actor had actual permission of the person in charge of the property at the time the actor discharged the dangerous weapon as described in Subsection
(2).
Amended by Chapter 400 , 2026 General Session