76-8-313. Threatened or attempted assault on an elected official.

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

Effective 5/1/2024

(a)As used in this section, "elected official" means:

(i)an elected official of the state, county, or city;

(ii)an immediate family member of an individual described in Subsection (1)(a)(i);

(iii)a temporary judge appointed to fill a vacant judicial position;

(iv)a judge not yet retained by a retention election;

(v)a member of a school board; or

(vi)an individual appointed to fill a vacant position of an individual described in Subsection (1)(a)(i).

(b)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2)An actor commits threatened or attempted assault on an elected official:

(a)if the actor attempts or threatens, irrespective of a showing of immediate force or violence, to inflict bodily injury on an elected official with the intent to impede, intimidate, or interfere with the elected official in the performance of the elected official's official duties or with the intent to retaliate against the elected official because of the performance of the elected official's official duties; and

(b)if the actor's conduct described in Subsection (2)(a) involves a threat, the actor is reckless as to whether the actor's threat would be considered to be threatening by a reasonable person who received the threat.

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

(2)is a class B misdemeanor.

(b)A violation of Subsection

(2)is a third degree felony if:

(i)the actor attempts to inflict bodily injury; or

(ii)the elected official receives bodily injury.

Amended by Chapter 96 , 2024 General Session

Amended by Chapter 179 , 2024 General Session