Section 103 - Aggravated assault -- Penalties.

UT Code § 76-5-103 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Aggravated assault is an actor's conduct: (a) that is: (i) an attempt, with unlawful force or violence, to do bodily injury to another; (ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and (b) that includes the use of: (i) a dangerous weapon as defined in Section 76-1-601; (ii) any act that impedes the breathing or the circulation of blood of another person by the actor's use of unlawful force or violence that is likely to produce a loss of consciousness by: (A) applying pressure to the neck or throat of a person; or (B) obstructing the nose, mouth, or airway of a person; or (iii) other means or force likely to produce death or serious bodily injury.

(a) that is: (i) an attempt, with unlawful force or violence, to do bodily injury to another; (ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(i) an attempt, with unlawful force or violence, to do bodily injury to another;

(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) that includes the use of: (i) a dangerous weapon as defined in Section 76-1-601; (ii) any act that impedes the breathing or the circulation of blood of another person by the actor's use of unlawful force or violence that is likely to produce a loss of consciousness by: (A) applying pressure to the neck or throat of a person; or (B) obstructing the nose, mouth, or airway of a person; or (iii) other means or force likely to produce death or serious bodily injury.

(i) a dangerous weapon as defined in Section 76-1-601;

(ii) any act that impedes the breathing or the circulation of blood of another person by the actor's use of unlawful force or violence that is likely to produce a loss of consciousness by: (A) applying pressure to the neck or throat of a person; or (B) obstructing the nose, mouth, or airway of a person; or

(A) applying pressure to the neck or throat of a person; or

(B) obstructing the nose, mouth, or airway of a person; or

(iii) other means or force likely to produce death or serious bodily injury.

(2) (a) Any act under this section is punishable as a third degree felony, except that an act under this section is punishable as a second degree felony if: (i) the act results in serious bodily injury; or (ii) an act under Subsection (1)(b)(ii) produces a loss of consciousness. (b) Aggravated assault that is a violation of Section 76-5-210, Targeting a law enforcement officer, and results in serious bodily injury is a first degree felony.

(a) Any act under this section is punishable as a third degree felony, except that an act under this section is punishable as a second degree felony if: (i) the act results in serious bodily injury; or (ii) an act under Subsection (1)(b)(ii) produces a loss of consciousness.

(i) the act results in serious bodily injury; or

(ii) an act under Subsection (1)(b)(ii) produces a loss of consciousness.

(b) Aggravated assault that is a violation of Section 76-5-210, Targeting a law enforcement officer, and results in serious bodily injury is a first degree felony.