76-5-102.10. Assault or threat of violence against a military service member or a family member of a military service member.
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Effective 5/6/2026
76-5-102.10. Assault or threat of violence against a military service member or a family member of a military service member.
(a)As used in this section:
(i)"Assault" means an offense under Section 76-5-102 .
(ii)"Military service member" means:
(A)a member of any branch of the United States armed forces; or
(B)a member of the National Guard or State Defense Force.
(iii)"Threat of violence" means an offense under Section 76-5-107 .
(b)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits assault or threat of violence against a military service member if:
(a)the actor commits an assault or threat of violence against a military service member or a family member of a military service member;
(b)the actor knows that the individual described in Subsection (2)(a) is a military service member or a family member of a military service member; and
(c)the assault or threat of violence described in Subsection (2)(a) is intentionally committed:
(i)against a military service member at the time the military service member is acting within the scope of the military service member's authority as a military service member;
(ii)against a military service member because of the military service member's status as a military service member; or
(iii)against a family member of a military service member because of the military service member's status as a military service member.
(a)Except as provided in Subsection (3)(b) or
(c), a violation of Subsection
(2)is a class A misdemeanor.
(b)Except as provided in Subsection (3)(c) , a violation of Subsection
(2)is a third degree felony if the actor:
(i)has been previously convicted of a class A misdemeanor or a felony violation of:
(A)this section; or
(B)assault or threat of violence against a peace officer as described in Section 76-5-102.4 ; or
(ii)causes substantial bodily injury.
(c)A violation of Subsection
(2)is a second degree felony if the actor uses:
(i)a dangerous weapon; or
(ii)other means or force likely to produce death or serious bodily injury.
(4)This section does not affect or limit any individual's constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Utah Constitution or state law, or by the United States Constitution or federal law.
(5)An actor who violates this section shall serve, in jail or another correctional facility, a minimum of:
(a)90 consecutive days for a second offense; and
(b)180 consecutive days for each subsequent offense.
(6)The court may suspend the imposition or execution of the sentence required under Subsection
(5)if the court finds that the interests of justice would be best served by the suspension and the court makes specific findings concerning the disposition on the record.
Enacted by Chapter 246 , 2026 General Session