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2020 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.
Universal Citation: UT Code § 77-36-1.1 (2020)
Effective 5/14/2019
77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses.
Amended by Chapter 367, 2019 General Session
77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses.
- (1) As used in this section:
- (a) "Criminal mischief offense" means commission or attempt to commit an offense under Section 76-6-106 by one cohabitant against another.
- (b) "Qualifying domestic violence offense" means:
- (i) a domestic violence offense in Utah; or
- (ii) 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) An individual 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 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief 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 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief 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 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense.
- (a) guilty of a class B misdemeanor if:
- (3) An individual 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 (3) is designated by law as a class C misdemeanor; and
- (ii)
- (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (3) within five years after the individual is convicted of a criminal mischief offense;
- (b) guilty of a class A misdemeanor if:
- (i) the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and
- (ii)
- (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (3) within five years after the individual is convicted of a criminal mischief offense; or
- (c) guilty of a third degree felony if:
- (i) the domestic violence offense described in this Subsection (3) is designated by law as a class A misdemeanor; and
- (ii)
- (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
- (B) the individual is convicted of the domestic violence offense described in this Subsection (3) within five years after the individual is convicted of a criminal mischief offense.
- (a) guilty of a class B misdemeanor if:
Amended by Chapter 367, 2019 General Session
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