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2012 Utah Code
Title 76 - Utah Criminal Code
Article 3 - Punishments
Section 406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.

Universal Citation:
UT Code ยง 76-3-406.5 (2012)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases.

(1) As used in this section:

(a) "Cohabitant" has the same definition as in Section 78B-7-102.

(b) "Position of trust" includes the position of a spouse, parent, or cohabitant.

(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.

(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:

(a) aggravated murder under Section 76-5-202;

(b) murder under Section 76-5-203; or

(c) manslaughter under Section 76-5-205.

(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.


Amended by Chapter 3, 2008 General Session

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