Section 304 - Criminal retaliation against a victim or a witness.

UT Code § 53B-28-304 (2019) (N/A)
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(1) As used in this section: (a) "Bodily injury" means the same as that term is defined in Section 76-1-601. (b) "Damage" means physical damage to an individual's property.

(a) "Bodily injury" means the same as that term is defined in Section 76-1-601.

(b) "Damage" means physical damage to an individual's property.

(2) An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage: (a) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and (b) in retaliation for the victim's or the witness's: (i) report of the covered allegation; or (ii) involvement in an investigation initiated by the institution in response to the covered allegation.

(a) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and

(b) in retaliation for the victim's or the witness's: (i) report of the covered allegation; or (ii) involvement in an investigation initiated by the institution in response to the covered allegation.

(i) report of the covered allegation; or

(ii) involvement in an investigation initiated by the institution in response to the covered allegation.

(3) An individual is guilty of a third degree felony if the individual: (a) communicates an intention to inflict bodily injury: (i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and (ii) in retaliation for the victim's or the witness's: (A) report of the covered allegation; or (B) involvement in an investigation initiated by the institution in response to the covered allegation; and (b) (i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or (ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.

(a) communicates an intention to inflict bodily injury: (i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and (ii) in retaliation for the victim's or the witness's: (A) report of the covered allegation; or (B) involvement in an investigation initiated by the institution in response to the covered allegation; and

(i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and

(ii) in retaliation for the victim's or the witness's: (A) report of the covered allegation; or (B) involvement in an investigation initiated by the institution in response to the covered allegation; and

(A) report of the covered allegation; or

(B) involvement in an investigation initiated by the institution in response to the covered allegation; and

(b) (i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or (ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.

(i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or

(ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.