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Utah Code § 76-5-102.4(2) classifies assault against a peace officer or a military service member in uniform as a class A misdemeanor punishable by up to one year in jail and/or a fine of up to $2,500 when an alleged offender either:

  • assaults a peace officer, with knowledge that the person is a peace officer, and when the peace officer is acting within the scope of authority as a peace officer; or
  • assaults a military service member in uniform when that servicemember is on orders and acting within the scope of authority granted to the military service member in uniform.

Under Utah Code § 76-5-102.4(3), assault against a peace officer or a military service member in uniform becomes a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 if the alleged offender either:

  • has been previously convicted of a class A misdemeanor or a felony violation of this section; or
  • the person causes substantial bodily injury.

Utah Code § 76-5-102.4(4) establishes assault against a peace officer or a military service member in uniform as a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000 if the alleged offender used either:

  • a dangerous weapon (defined in Utah Code § 76-1-601 as any item capable of causing death or serious bodily injury or a facsimile or representation of the item, if the alleged offender’s use or apparent intended use of the item leads the alleged victim to reasonably believe the item is likely to cause death or serious bodily injury or the alleged offender represents to the alleged victim verbally or in any other manner that he or she is in control of such an item); or
  • other means or force likely to produce death or serious bodily injury.

It is important to note that convictions for second offenses of assault against a peace officer or a military service member are punishable by a mandatory minimum of 90 consecutive days in jail or another correctional facility, while third or subsequent offenses are punishable by a mandatory minimum of 180 consecutive days in jail or another correctional facility.

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