2006 Utah Code - 76-3-203.7 — Increase of sentence for violent felony if body armor used.

     76-3-203.7.   Increase of sentence for violent felony if body armor used.
     (1) As used in this section:
     (a) "Body armor" means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon.
     (b) "Dangerous weapon" has the same definition as in Section 76-1-601.
     (c) "Violent felony" has the same definition as in Section 76-3-203.5.
     (2) A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:
     (a) a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life;
     (b) a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and
     (c) a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than ten years.

Enacted by Chapter 299, 2001 General Session