76-11-210. Felony discharge of a firearm.

508 words·~2 min read·/ut/title-76/chapter-11/76-11-210

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section, "habitable structure" means the same as that term is defined in Section 76-6-101 .

(b)Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-201 apply to this section.

(2)An actor commits felony discharge of a firearm if:

(a)the actor discharges a firearm in the direction of an individual, knowing or having reason to believe that an individual may be endangered by the discharge of the firearm;

(b)the actor, with intent to intimidate or harass another individual or with intent to damage a habitable structure, discharges a firearm in the direction of an individual or a habitable structure; or

(c)the actor, with intent to intimidate or harass another individual, discharges a firearm in the direction of a vehicle.

(a)Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection

(2)is a third degree felony punishable by a term of imprisonment of not less than three years nor more than five years.

(b)Except as provided in Subsection (3)(c) , a violation of Subsection

(2)that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years.

(c)A violation of Subsection

(2)that causes serious bodily injury to an individual is a first degree felony.

(4)In addition to any other penalties for a violation of this section, 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) .

(5)This section does not apply to an actor:

(a)who discharges a firearm in the lawful defense of the actor or another individual;

(b)who 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 authorized by law;

(c)who 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) .

Renumbered and Amended by Chapter 173 , 2025 General Session

Renumbered and Amended by Chapter 208 , 2025 General Session