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2015 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 36 - Cohabitant Abuse Procedures Act
Section 1.1 - Enhancement of offense and penalty for subsequent domestic violence offenses.

UT Code § 77-36-1.1 (2015) What's This?
Effective 5/12/2015
77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses.
  • (1) For purposes of this section, "qualifying domestic violence offense" means:
    • (a) a domestic violence offense in Utah; or
    • (b) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.
  • (2) A person who is convicted of a domestic violence offense is:
    • (a) guilty of a class B misdemeanor if:
      • (i) the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and
      • (ii)
        • (A) the domestic violence offense described in this Subsection (2) is committed within five years after the person is convicted of a qualifying domestic violence offense; or
        • (B) the person is convicted of the domestic violence offense described in this Subsection (2) within five years after the person is convicted of a qualifying domestic violence offense;
    • (b) guilty of a class A misdemeanor if:
      • (i) the domestic violence offense described in this Subsection (2) is designated by law as a class B misdemeanor; and
      • (ii)
        • (A) the domestic violence offense described in this Subsection (2) is committed within five years after the person is convicted of a qualifying domestic violence offense; or
        • (B) the person is convicted of the domestic violence offense described in this Subsection (2) within five years after the person is convicted of a qualifying domestic violence offense; or
    • (c) guilty of a felony of the third degree if:
      • (i) the domestic violence offense described in this Subsection (2) is designated by law as a class A misdemeanor; and
      • (ii)
        • (A) the domestic violence offense described in this Subsection (2) is committed within five years after the person is convicted of a qualifying domestic violence offense; or
        • (B) the person is convicted of the domestic violence offense described in this Subsection (2) within five years after the person is convicted of a qualifying domestic violence offense.


Amended by Chapter 426, 2015 General Session

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