Assault Against Peace Officer Or A Military Service Member In Uniform
Under Utah Code § 76-5-102.4, it is unlawful to assault a peace officer or military service member in uniform. This is a class A misdemeanor offense, unless the person has previously been convicted of this violation, in which case the offense carries 3rd degree felony penalties. A person is guilty of this penalty if he or she:
- Assaults a peace officer with knowledge that the individual is a peace officer, when the peace officer is acting within the scope of his or her duties as a peace officer; or
- Assaults a military service member in uniform when the service member is acting within the scope of his or her duties and authority as a military service member in uniform.
The court may suspend the following sentence if it finds that the interests of justice would best be served in another matter. Otherwise, sentencing for this criminal offense may include:
- 90 consecutive days in jail for a second offense;
- 180 consecutive days in jail for each subsequent offense
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