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Definition Of “Violent Felony” Under Utah’s Hvo Law


Under Utah Criminal Code Section 76-3-203.5(c), the term “violent felony” is defined as any of the following offenses:

  • Property damage crimes:
    • Criminal mischief;
    • Knowingly causing a catastrophe;
    • Arson or aggravated arson;
  • Certain assault and aggravated assault crimes including:
    • Assault by prisoner under Utah Code Section 76-5-102.5;
    • Aggravated assault under Utah Code Section 76-5-103;
    • Aggravated assault by prisoner under Utah Code Section 76-5-103.5;
  • Certain abuse crimes against children, the disabled or the elderly:
    • Child abuse under Utah Code Subsection 76-5-109(2)(a) or (b);
    • Abuse or neglect of disabled child under Utah Code Section 76-5-110;
    • Exploitation, neglect, or abuse of a vulnerable adult Utah Code Section 76-5-111;
    • Endangerment of a child or vulnerable adult Utah Code Section 76-5-112.5;
  • Domestic violence offenses:
    • commission of domestic violence in the presence of a child Utah Code Section 76-5-109.1;
  • Certain sexually motivated crimes:
    • Aggravated sexual assault under Utah Code Section 76-5-405;
    • Forcible sexual abuse under Utah Code Section 76-5-404;
    • Rape under Section 76-5-402;
    • Object rape under Section 76-5-402.2;
    • Forcible sodomy under Section 76-5-403;
    • Sexual exploitation of a minor under Section 76-5a-3;
    • Aggravated sexual abuse of a child or sexual abuse of a child under Section 76-5-404.1;
    • Rape of a child under Section 76-5-402.1;
    • Sodomy on a child under Section 76-5-403.1;
    • Object rape of a child under Section 76-5-402.3;
  • Disarming a police officer under Section 76-5-102.8;
  • Mayhem under Section 76-5-105;
  • Stalking under Subsection 76-5-106.5(2) or (3);
  • Threat of terrorism, Section 76-5-107.3;
  • Criminal homicide crimes under Title 76, Chapter 5, Part 2 including;
    • Criminal homicide;
    • Kidnapping;
    • Child kidnapping;
    • Aggravated kidnapping under Utah Criminal Code Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
  • Certain burglary and robbery crimes:
    • aggravated burglary and burglary of a dwelling under Utah Criminal Code Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
    • aggravated robbery and robbery under Title 76, Chapter 6, Part 3, Robbery;
    • theft by extortion under Subsection 76-6-406(2)(a) or (b);
  • Crimes Against a Witness, Juror or Criminal Justice System;
    • Retaliation against a witness, victim, or informant under Utah Criminal Code Section 76-8-508.3;
    • Tampering with a juror under Subsection 76-8-508.5 (2)(c);
    • Tampering with a witness under Subsection 76-8-508(1);
    • Extortion to dismiss a criminal proceeding under Section 76-8-509 if by any threat or by use of force theft by extortion has been committed pursuant to Subsections 76-6-406 (2)(a), (b), and (i);
  • Firearm and Weapons Charges including:
    • Unlawful discharge of a firearm under Utah Criminal Code Section 76-10-508;
    • Discharging firearms and hurling missiles under Section 76-10-1505; or
    • Possession, use, or removal of explosive, chemical, or incendiary devices under Subsections 76-10-306 (3) through (6);
    • Unlawful delivery of incendiary, chemical or explosive devices under Section 76-10-307; or
    • Possession or purchase of a dangerous weapon or handgun by a restricted person under Section 76-10-503.
  • Aggravated exploitation of prostitution under Utah Criminal Code Subsection 76-10-1306(1)(a);
  • Bus hijacking under Section 76-10-1504; and
  • Any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violent felony as defined in this Subsection (1) if committed in the state of Utah.

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