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Understanding Time Periods for Utah’s ARD Status

Utah Criminal Code 76-3-203.5 defines habitual violent offender as a person who has been convicted of at least 2 prior convictions for violent crime felonies with sentences of at least 1 year. This is an umbrella term that can encompass many types of violent crimes, including:

  • Aggravated arson, Section 76-6-102
  • Aggravated assault, Section 76-5-103
  • Stalking, Subsection 76-5-106.5(2) or (3)
  • Child abuse, Subsection 76-5-109(2)(a) or (b)
  • Domestic violence in the presence of a child, Section 76-5-109.1;
  • Endangerment of a child or vulnerable adult, Section 76-5-112.5
  • Criminal homicide offenses under Title 76, Chapter 5, Part 2, Criminal Homicide;
  • Kidnapping, child kidnapping, and aggravated kidnapping under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling
  • Rape, Section 76-5-402
  • Forcible sexual abuse, Section 76-5-404
  • Aggravated burglary and burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass
  • Aggravated robbery and robbery under Title 76, Chapter 6, Part 3, Robbery
  • Possession, use, or removal of explosive, chemical, or incendiary devices under Subsections 76-10-306 (3) through (6)
  • Unlawful delivery of explosive, chemical, or incendiary devices under Section 76-10-307
  • Unlawful discharge of a firearm under Section 76-10-508
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