Utah Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Utah grades felonies as capital felonies and felonies of the first, second and third degree. Capital felony (offender 18 or older): death; an indeterminate prison term of not less than 25 years that may be for life; or life in prison without parole (death and life without parole do not apply to an offender under 18 at the time of the offense sentenced on or after May 10, 2016). Indeterminate prison terms, unless the statute provides otherwise: first degree, not less than five years and which may be for life; second degree, not less than one year nor more than 15 years; third degree, not to exceed five years. Maximum fines: $10,000 for a first or second degree felony; $5,000 for a third degree felony (or greater amounts specifically authorized by statute).

Class A misdemeanor: a term not exceeding 364 days (a class A misdemeanor under Title 76, Chapter 5, Offenses Against the Individual, may be up to one year, with listed exceptions), and a fine not exceeding $2,500. Class B misdemeanor: a term not exceeding six months and a fine not exceeding $1,000. Class C misdemeanor: a term not exceeding 90 days and a fine not exceeding $750. Infraction: no imprisonment; the person may be subject to a fine (not exceeding $750), forfeiture, and disqualification.

Theft becomes a felony at $1,500. Tiers: less than $500, class B misdemeanor; $500 or more but less than $1,500, class A misdemeanor; $1,500 or more but less than $5,000, third degree felony; $5,000 or more, second degree felony. Regardless of value, theft is a second degree felony if the property is a firearm or an operable motor vehicle or is stolen from the person of another. Prior theft-related convictions within 10 years, or theft at a store after a written no-trespass notice, can raise the level (for example, $500 or more with two qualifying prior convictions is a third degree felony).

Stand your ground. Except for an aggressor or a person engaged in combat by agreement who has not withdrawn, an individual does not have a duty to retreat from the force or threatened force in a place where that individual has lawfully entered or remained, and the failure to retreat is not a relevant factor in determining whether the individual acted reasonably. Deadly force is justified only if the individual reasonably believes it is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony. Force is not justified for an individual who initially provokes force as an excuse to inflict harm, or who is attempting to commit, committing, or fleeing after a felony (unless the force is a reasonable response to unrelated factors).

An actor is justified in using force when and to the extent the actor reasonably believes it necessary to prevent or terminate an individual's unlawful entry into the actor's vehicle or unlawful entry or attack upon the actor's habitation or place of business or employment. Deadly force is justified only if the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth and the actor reasonably believes it is for the purpose of assaulting or perpetrating personal violence against someone present and that force is necessary to prevent it, or if the actor reasonably believes the entry is for the purpose of committing a felony in the habitation and the force is necessary to prevent it. An actor who uses force or deadly force to defend the actor's habitation is presumed, for the purpose of both civil and criminal cases, to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, in a violent and tumultuous manner, surreptitiously or by stealth, or for the purpose of committing a felony. A similar presumption applies to defending the actor's occupied vehicle or place of business or employment against unlawful and forcible entry or removal, if the actor did not provoke the individual and was not otherwise engaged in criminal activity other than a traffic offense.

Prosecution may be commenced at any time for capital felonies, aggravated murder, murder, manslaughter, child abuse homicide, aiding or encouraging suicide, aggravated kidnapping, child kidnapping, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, aggravated human trafficking, child human trafficking, female genital mutilation, aggravated human smuggling, and other listed offenses. Otherwise, a prosecution for a felony or negligent homicide shall be commenced within four years after it is committed; a misdemeanor other than negligent homicide within two years; and any infraction within one year. A felony of unlawful sexual activity with a minor or unlawful sexual conduct with a 16- or 17-year-old has a limit of 10 years from the time the victim reaches the age of 18. Certain listed violent offenses may be prosecuted at any time if the perpetrator is unknown but DNA evidence is collected. The period does not run while the defendant is out of the state.

An individual charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except when charged with a capital felony with substantial evidence to support the charge; a felony committed while on parole, probation, or bail for a previous felony; a felony where the court finds by clear and convincing evidence that the individual would be a substantial danger to others or the community, or is likely to flee; a felony where the individual violated a material condition of release while previously on bail; and certain domestic violence and impaired-driving offenses described in the statute. Not being lawfully present in the United States creates a rebuttable presumption of flight risk. When issuing an arrest warrant or finding probable cause, a magistrate issues a temporary pretrial status order releasing the individual on recognizance, setting conditions, or ordering detention; detention is required for an individual arrested for a felony committed while on felony parole, probation or pretrial release who is or would be a habitual offender. A pretrial status order is issued at the first appearance. Conditions must be reasonably available and reasonably ensure appearance, the safety of witnesses, victims and the public, and that the individual will not obstruct justice. If a financial condition (other than an unsecured bond) is necessary, the magistrate or judge refers to the statutory financial condition schedule and considers the individual's risk of failing to appear and ability to pay, setting a single amount per case.

A court shall find an individual indigent if the individual has an income level at or below 150% of the United States poverty level, or has insufficient income or other means to pay for legal counsel and the necessary expenses of representation without depriving the individual or the individual's family of food, shelter, clothing, or other necessities, considering property, debts, dependents, the probable expense of defending the case, and other relevant factors. An individual who transferred or disposed of assets after the offense in order to become eligible may not be found indigent. The court may rely on an affidavit of indigency and may make a finding of indigency at any time; inability to submit the affidavit does not prevent a finding or the appointment of an indigent defense service provider.

16, with limits for 16- and 17-year-olds. Unlawful sexual activity with a minor applies when an actor 18 years old or older has sexual intercourse or other listed sexual acts with an individual who is 14 years old or older but younger than 16 years old (third degree felony). It is reduced to a class B misdemeanor if the defendant proves the defendant is less than four years older than the minor or is 18 and enrolled in high school, and to a class A misdemeanor if the defendant was younger than 21. For a minor who is 16 years old or older but younger than 18, unlawful sexual conduct applies when the actor is 10 or more years older, or is seven or more but less than 10 years older and knew or reasonably should have known the minor's age. Sexual activity between adolescents aged 12 to 17 is graded by the ages involved under the unlawful adolescent sexual activity statute.

Adult-use possession is a crime; a medical cannabis program exists. Knowingly and intentionally possessing or using marijuana without a valid prescription or other authorization is a class B misdemeanor, except that it is a second degree felony if the amount is 100 pounds or more. Repeat convictions within seven years increase the level (a third conviction is a class A misdemeanor and a fourth is a third degree felony), and penalties are enhanced inside a correctional facility or jail. Medical cannabis cardholders and nonresident patients are not guilty of these offenses for possessing unprocessed cannabis or a cannabis product in a medicinal dosage form in an amount that does not exceed the legal dosage limit, or a medical cannabis device.

Assault is attempting, with unlawful force or violence, to injure someone, or using unlawful force or violence that causes bodily injury or creates a substantial risk of bodily injury. It is a class B misdemeanor (up to six months and $1,000), and a class A misdemeanor (up to one year and $2,500) if it causes substantial bodily injury or the actor knows the victim is pregnant. It becomes aggravated assault, a third degree felony (up to five years and $5,000), when it involves a dangerous weapon or a motor vehicle, choking or strangling (impeding breathing or blood flow), or other force likely to cause death or serious injury. Aggravated assault is a second degree felony (1 to 15 years) if it causes serious bodily injury or choking causes loss of consciousness, and a first degree felony if it targets a law enforcement officer and causes serious bodily injury.

Utah has no separate battery crime. Unlawful force or violence that causes, or creates a substantial risk of, bodily injury is charged as assault, a class B misdemeanor (class A if it causes substantial bodily injury or the victim is known to be pregnant). Violence against a cohabitant (such as a spouse, partner or household member) is charged as a domestic violence offense with enhanced penalties for repeat offenders.

Utah does not have one domestic-violence crime; an ordinary offense such as assault or criminal mischief committed against a cohabitant is a domestic violence offense with step-up penalties for repeat offenders. A class B misdemeanor domestic violence offense becomes a class A misdemeanor if committed within 10 years of a prior domestic violence conviction (five years if the prior was a property-damage offense), and a class A misdemeanor offense becomes a third degree felony (up to five years) in that situation; a class B misdemeanor assault-type offense becomes a third degree felony with two qualifying prior convictions. Choking or strangling anyone is aggravated assault, a third degree felony, or second degree if it causes loss of consciousness. Committing serious domestic violence (including choking) in the presence of a child is a separate third degree felony, and other domestic violence in the presence of a child is a class B misdemeanor for each child present.

Shoplifting is called retail theft: knowingly taking or concealing store merchandise, switching price tags or containers, or under-ringing, intending not to pay. Merchandise worth less than $500 is a class B misdemeanor (up to six months and $1,000); $500 to less than $1,500 is a class A misdemeanor (up to 364 days and $2,500). It becomes a class A misdemeanor at any value with two prior theft, robbery, burglary or fraud convictions within 10 years, or if the person had a written trespass notice from that store after an earlier theft there; it is a third degree felony (up to five years) at $500 or more with two such priors (one a class A misdemeanor), or with a prior felony theft-type conviction within 10 years. An adult shoplifter is also civilly liable to the merchant for actual damages, a penalty equal to the retail price of the merchandise up to $1,000, and an additional $100 to $500 penalty plus court costs and attorney fees.

Burglary is entering or staying unlawfully in a building with intent to commit a felony, theft, assault, or certain sex or voyeurism offenses; it is a third degree felony (up to five years), and a second degree felony (1 to 15 years) in a dwelling. Aggravated burglary, causing injury, using or threatening a dangerous weapon, or possessing an explosive or dangerous weapon during the burglary, is a first degree felony (5 years to life). Breaking into a vehicle to commit a felony or theft is a class A misdemeanor. Robbery, taking property from a person by force or fear or using force during a theft, is a second degree felony; aggravated robbery, using or threatening a dangerous weapon, causing serious bodily injury, or taking a motor vehicle, is a first degree felony.

Vandalism is called property damage or destruction in Utah: intentionally damaging, defacing or destroying another's property. It is graded by loss: less than $500 is a class B misdemeanor; $500 to less than $1,500 a class A misdemeanor; $1,500 to less than $5,000 a third degree felony; and $5,000 or more a second degree felony. Graffiti is a separate offense: less than $300 is a class B misdemeanor, $300 to less than $1,000 a class A misdemeanor, $1,000 to $5,000 a third degree felony, and over $5,000 a second degree felony, with mandatory restitution of removal costs. Tampering with property in a way that endangers human life (criminal mischief) is a class A misdemeanor.

Criminal trespass is entering or staying unlawfully on property intending to annoy or injure someone or damage property, or to commit a crime other than theft or a felony, or recklessly causing fear for someone's safety; or knowingly entering or staying where notice against entry was given in person, by fencing, or by posted signs. It is a class B misdemeanor (up to six months and $1,000), and a class A misdemeanor (up to 364 days and $2,500) if committed in a dwelling. A trespasser may also owe statutory civil damages.

Knowingly possessing or using a controlled substance without a valid prescription is a class A misdemeanor (up to 364 days and $2,500) for a Schedule I or II drug (other than marijuana) on a first or second conviction, and a third degree felony (up to five years) on a third conviction within seven years. Other controlled substances are a class B misdemeanor. Penalties go up one degree for someone with a prior drug-dealing conviction or for possession inside a jail or correctional facility. Using or possessing drug paraphernalia is a class B misdemeanor (up to six months and $1,000); an unused syringe in a sealed sterile package is not paraphernalia.

A driver who may have been in a crash that injured someone must stop at or near the scene and stay to give information and help. Leaving the scene of an injury crash is a class A misdemeanor; it is a third degree felony if the crash causes serious bodily injury or the driver has two prior violations within 10 years or certain prior felony or DUI convictions, and a second degree felony if someone dies or the driver causes serious bodily injury with a prior hit-and-run conviction. Leaving a property-damage-only crash without giving information is a class B misdemeanor, a class A misdemeanor with a qualifying prior within 10 years, and a third degree felony with two or more within 10 years. Prior-conviction enhancements do not apply if the driver voluntarily reports the crash to police within six hours.

Reckless driving is operating a vehicle in willful or wanton disregard for the safety of persons or property, which includes driving 105 miles per hour or more on a highway or committing three or more traffic violations within three miles of continuous driving. It is a class B misdemeanor, punishable by up to six months in jail and a fine up to $1,000.

Harassment in Utah is communicating a written or recorded threat to commit a violent felony, intending to frighten or harass; it is a class B misdemeanor. Electronic communication harassment, such as repeated texts or calls meant to intimidate, abuse, threaten or harass, continued contact after being told to stop, or electronic threats of injury or property damage, is a class B misdemeanor, and a class A misdemeanor for a second or later violation. Stalking is a course of conduct (two or more acts, including following, monitoring, or contacting someone online) that the actor knows or should know would make a reasonable person fear for safety or suffer emotional distress; a first offense is a class A misdemeanor. Stalking is a third degree felony with a prior stalking conviction, a violation of a permanent criminal stalking injunction, or when the actor is or was the victim's cohabitant, and a second degree felony if the actor used a dangerous weapon or has two or more prior stalking convictions.

Interfering with an arrest or detention a person knows (or should know) a peace officer is making, by using force or a weapon, refusing a lawful order needed to make the arrest, or refusing to stop impeding it, is interference with a peace officer, a class B misdemeanor. Recording an officer in plain view does not by itself count as interference. Fleeing on foot or by other non-vehicle means after an officer's command to stop is a class A misdemeanor. Fleeing or eluding police in a vehicle after a signal to stop is a third degree felony with a fine of at least $1,000; it is a second degree felony with a fine of at least $5,000 if it causes death or serious bodily injury, and in either case the driver's license is revoked for one year.

Missing a court date after being granted pretrial release on condition of appearing, without just cause, is called unlawful absence after pretrial release in Utah. It is a third degree felony (up to 5 years and a $5,000 fine) if the charge you missed court on is a felony, a class B misdemeanor (up to six months and a $1,000 fine) if that charge is a misdemeanor, and an infraction if that charge is an infraction.

A probation violation starts with a sworn affidavit or declaration describing the violation; if the judge finds probable cause, the person is served with an arrest warrant or the affidavit plus an order to show cause, at least five days before a hearing. At the hearing the person may have a lawyer (appointed if indigent), admit or deny the allegations, question the witnesses against them, call witnesses and present evidence. The court may not revoke or extend probation without a hearing and a finding of a violation (extension can also follow a waiver). If a violation is found, the court may terminate, revoke, modify, continue or reinstate probation, and may order jail consistent with the sentencing guidelines, treatment, execution of the original sentence, or another sanction; total probation cannot exceed the maximum sentence.

Obstruction of justice means acting to hinder, delay or prevent the investigation, arrest, prosecution or punishment of a crime, for example by destroying or hiding evidence, hiding a suspect, warning a suspect, or giving police false information. It is a second degree felony if the underlying crime is a capital or first degree felony, a third degree felony in several cases (such as when the underlying crime is a second or third degree felony and evidence was destroyed or a person hidden, or when committed before a court), and otherwise a class A misdemeanor. Tampering with a witness (trying to get someone to testify falsely, withhold evidence, dodge a subpoena or skip a proceeding) is a third degree felony.

Utah does not use the word perjury; the crime is called making a false or inconsistent material statement. Lying under oath about a material matter (or making contradictory material sworn statements, one of them false) is a second degree felony (1 to 15 years). A false sworn statement that is not material, made in an official proceeding or to mislead a public servant, is a class B misdemeanor, as is a written false statement on a form warning that false statements are punishable (a third degree felony on a restitution financial declaration). Retracting the false statement before it is exposed is a defense to the misdemeanor forms.

Public intoxication is a crime in Utah: being under the influence of alcohol, a controlled substance or toxic vapors, in a public place (or in a private place where you could unreasonably disturb others), to a degree that may endanger yourself or someone else. It is a class C misdemeanor (up to 90 days and a $750 fine). Police may release the person or take them to a detoxification center instead of jail; for people under 21 the court may (or for a repeat violation must) order screening and education or treatment, and must suspend the driving privileges of 18- to 20-year-olds.

Disorderly conduct covers refusing a police order to leave a public place or official meeting, creating a hazardous or physically offensive condition, and (when intended or reckless as to public annoyance or alarm) fighting or violent or threatening behavior, unreasonable noise, or blocking traffic. A first violation is usually only an infraction (fine up to $750). It becomes a class C misdemeanor if the person was asked to stop, a class B misdemeanor if asked to stop and convicted once in the past five years, and a class A misdemeanor if asked to stop and convicted two or more times in the past five years.

Indecent exposure is called lewdness in Utah: exposing one's genitals, buttocks, anus or pubic area (or, for a female, the breast below the top of the areola), or performing sex acts or masturbation, in a public place or where it will likely offend or alarm someone 14 or older. It is a class B misdemeanor, but a third degree felony if the offender is a sex offender, has two or more prior lewdness convictions, also commits voyeurism or certain related offenses, or is in a sex-designated changing room or privacy space for the other sex. Lewdness in front of a child under 14 is a separate offense, lewdness involving a child, a class A misdemeanor that can also become a third degree felony.

Selling sex (engaging in sexual activity for a fee) is engaging in prostitution, a class B misdemeanor, or a class A misdemeanor with a prior conviction; offering or arranging to sell sex is sexual solicitation, a class B misdemeanor for a first or second violation and class A after that. Buying sex from an adult (patronizing a prostituted individual, or soliciting by offering to pay) is a class A misdemeanor, and a third degree felony after two prior convictions (patronizing) or on a third violation (solicitation); the court must impose the maximum fine for patronizing and order an education program. A person who reports a violent or sex crime they witnessed or suffered at the time cannot be prosecuted for the prostitution offense, and children involved in commercial sex are referred for services rather than delinquency proceedings.

Utah prohibits gambling, including so-called fringe gambling (de facto gambling machines or games offered by businesses) and online gambling; the statute states that if federal law ever lets states opt out of online gambling, Utah shall opt out. Participating in gambling is a class B misdemeanor (class A with a prior conviction). Making money from gambling (general gambling promotion) is a class A misdemeanor, or a third degree felony with a prior conviction.

Utah has no separate embezzlement crime for employees: theft is a single offense that includes what used to be called embezzlement, extortion and blackmail, and it is graded by value. Under $500 is a class B misdemeanor; $500 to under $1,500 is a class A misdemeanor; $1,500 to under $5,000 is a third degree felony; $5,000 or more is a second degree felony, with higher grades for repeat offenders.

Identity theft is called identity fraud: knowingly using, or trying to use, another person's personal identifying information (living or dead) with fraudulent intent, such as to get credit, goods, services, a job or medical information. It is always a felony: third degree if the value obtained is under $5,000, and second degree if it is $5,000 or more or if the misuse causes bodily injury to someone. Unlawful use of a credit or debit card is graded by value: under $500 class B misdemeanor; $500 to under $1,500 class A misdemeanor; $1,500 to under $5,000 third degree felony; $5,000 or more second degree felony.

Forgery, altering or making a false writing (or passing one) with purpose to defraud, is a third degree felony (up to 5 years and a $5,000 fine). Writing a bad check (knowing it won't be paid, or not making it good within 14 days after notice it bounced) is graded by the total amount within six months: under $500 class B misdemeanor; $500 to under $1,500 class A misdemeanor; $1,500 to under $5,000 third degree felony; $5,000 or more second degree felony.

Blackmail and extortion are charged as theft by extortion: getting someone's property by threatening, for example, to hurt someone, accuse them of a crime, expose them to hatred or ridicule, reveal a secret, or take or withhold official action. It is graded like other theft by value: under $500 class B misdemeanor; $500 to under $1,500 class A misdemeanor; $1,500 to under $5,000 third degree felony; $5,000 or more second degree felony. The victim can also sue for damages within three years.

Utah uses 'aggravated murder' and 'murder' instead of degrees. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance, such as killing two or more people in one episode, killing a peace officer, killing during a listed felony like robbery, rape, arson or burglary, or killing for money) is a capital felony if the prosecutor files notice to seek death; otherwise it is a first-degree felony punished by life without parole or 25 years to life (no life without parole for offenders under 18). Murder (an intentional or knowing killing, intending serious injury by a clearly dangerous act, depraved-indifference killing, or a death during a listed predicate felony) is a first-degree felony with a prison term of 15 years to life. If 'special mitigation' is proven, murder is reduced to manslaughter.

Manslaughter (recklessly causing a death, or a murder reduced by special mitigation) is a second-degree felony (1 to 15 years, up to $10,000 fine). Negligent homicide (causing a death with criminal negligence) is a class A misdemeanor (up to 364 days and $2,500). Automobile homicide (negligently driving while at .05 BAC or higher or impaired, or criminally negligent driving with a controlled substance in the body) is a second-degree felony with a 5-to-15-year term; automobile homicide while using a handheld phone is a third-degree felony (up to 5 years), or second degree if criminally negligent. A driver's license is revoked when a manslaughter or negligent homicide conviction comes from driving.

Endangerment of a child (knowingly or intentionally causing or permitting a child to be exposed to, inhale, ingest or contact a controlled substance, chemical substance or drug paraphernalia) is a third-degree felony (up to 5 years), second degree (1 to 15 years) if the child is injured, and first degree (5 years to life) if the child dies. Child abuse causing injury is a class A misdemeanor if intentional or knowing, class B if reckless and class C if criminally negligent; aggravated child abuse (serious injury) is a first-degree felony if intentional or knowing and third degree if reckless. An adult who knowingly encourages a minor to commit a class B or C misdemeanor or an infraction commits contributing to the delinquency of a minor, a class B misdemeanor (up to 6 months and $1,000).

Aggravated arson (intentionally damaging a habitable structure, or any structure or vehicle with a person inside, by fire or explosives) is a first-degree felony (5 years to life). Arson to defraud an insurer is a second-degree felony. Arson of another's property is graded by damage and harm: second-degree felony for damage of $5,000 or more or serious bodily injury; third-degree felony for $1,500 to $5,000, substantial bodily injury or endangering human life; class A misdemeanor for $500 to $1,500; class B misdemeanor under $500 (each stepped up with a prior arson conviction within 10 years).

Cruelty to an animal (failing to provide necessary food, water, care or shelter, abandoning, injuring, or causing animal fights) is a class B misdemeanor if intentional or knowing and class C if reckless or negligent. Aggravated cruelty (torturing, poisoning or killing an animal without legal privilege) is a class A misdemeanor if intentional or knowing. Torturing a companion animal is a third-degree felony (up to 5 years). A prior cruelty conviction raises a class C to class B and a class B to class A. The court may order forfeiture and bar the person from possessing any animal during probation, parole or another period it sets.

Yes. Distribution of an intimate image (knowingly distributing or copying an intimate image of an adult without consent, when it was made under a reasonable expectation of privacy and the actor knows it would cause a reasonable person emotional distress, and distress results) is a class A misdemeanor (up to 364 days and $2,500); a second or later conviction from a separate episode is a third-degree felony. Utah also has a separate offense for distributing counterfeit (fake) intimate images.

Electronic communication harassment (with intent to intimidate, abuse, threaten, harass or frighten, making repeated electronic contact, continuing after being told to stop, taunting in a way likely to provoke violence, or threatening injury) is a class B misdemeanor (up to 6 months and $1,000), and a class A misdemeanor for a second or later violation. The victim may still sue for damages.

Utah has no separate sexting offense. A minor who sends sexual material that is harmful to minors to another minor can be charged with distributing material harmful to minors: a class A misdemeanor if the sender is 16 or 17, a class B misdemeanor if under 16, and a third-degree felony with a prior adjudication. For possessing child sexual abuse material (a second-degree felony), it is an affirmative defense that the person did not ask for the image, is no more than two years older than the minor shown, and deletes or destroys all copies when asked by police or the minor.

Utah does not grade money laundering by amount. Knowingly receiving, transporting or acquiring proceeds of unlawful activity, making proceeds available to further unlawful activity, or conducting a transaction to promote it, conceal the proceeds or avoid reporting rules is a second-degree felony (1 to 15 years, up to $10,000 fine). Each act moving more than $10,000 is a separate violation.

Human trafficking for labor is a second-degree felony if knowing (third degree if reckless). Trafficking for commercial sexual exploitation is a first-degree felony when it involves a commercial sex act done knowingly, and second or third degree for sexually explicit performances or reckless conduct. Trafficking a child (under 18) for labor or sex, done knowingly, is a first-degree felony with a prison term of 10 years to life (15 years to life if the child is under 14), and mistake about age is no defense. Aggravated human trafficking is a first-degree felony with 10 years to life.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working signals a pedestrian may cross only in a marked crosswalk, and diagonal crossing is allowed only where a traffic device permits. Pedestrians must obey pedestrian signals, use sidewalks where practicable, and not step suddenly into traffic. These violations are infractions (fine only, up to $750), not crimes.

No one, driver or passenger, may drink alcohol in a vehicle on a highway, moving or parked, and no one may keep an opened alcohol container in the passenger compartment (which includes the glove compartment, but not a separate trunk). Passengers in a motor home's living quarters, a compliant limousine or chartered bus, a taxi or bus, or a motorboat are exempt. A violation is a class C misdemeanor (up to 90 days and $750).

It is illegal for anyone under 21 to buy or try to buy, ask someone else to buy, possess or consume alcohol, or have a measurable alcohol level in the body; it is a class B misdemeanor (up to 6 months and $1,000) under the title's general penalty. The court may (first offense) or must (later offenses) order screening and education or treatment. For an 18-to-20-year-old, the court must suspend the driver license: one year for a first order and two years for a later one, which the court may reduce after education or treatment. Using false proof of age is a class B misdemeanor for a first violation and a class A misdemeanor (fine up to $5,000 on a third) after that, with a license suspension.

Driving while your license is denied, suspended, disqualified or revoked is a class C misdemeanor (up to 90 days and $750). It is a class B misdemeanor (up to 6 months and $1,000), with a fine of at least the class C maximum, if the suspension or revocation was for DUI, refusing a chemical test, alcohol-restricted driving, automobile homicide or a similar offense.

Driving without being licensed is an infraction (fine only); a repeat violation is a class B misdemeanor and the vehicle may be seized. Riding a motorcycle without the endorsement carries a minimum $350 fine, waived if the rider gets the endorsement within 30 days. Failing to carry or show your license is an infraction, and producing in court a license that was valid when you were cited is a defense.

Utah's weapons laws do not ban any type of knife or set a blade-length limit; they regulate 'dangerous weapons,' meaning a firearm or any object that in the manner of its use or intended use can cause death or serious injury. Carrying a non-firearm dangerous weapon on elementary or secondary school premises is a class B misdemeanor, with exceptions (for example, with the administrator's approval or in a vehicle). A minor who possesses a dangerous weapon without a parent's permission (and, under 14, without adult supervision) commits a class B misdemeanor, class A for a repeat.

Consumer (1.4G 'common state approved') fireworks may be sold June 24 to July 25, December 29 to 31, and the two days before and on Chinese New Year's Eve. They may be set off only from 11 a.m. to 11 p.m. on July 2-5 and July 22-25 (until midnight on July 4 and 24), from 11 a.m. December 31 to 1 a.m. January 1, 11 a.m. to 11 p.m. January 1, and on Chinese New Year's Eve. Discharging outside those times, or in an area closed for fire hazard, is an infraction with a fine up to $1,000. Cities may close hazardous areas (such as brush, wildland-urban interface and near waterways) and ban negligent discharge, but otherwise may not ban discharge during the legal periods; display (1.3G) and unclassified fireworks are restricted.

Unlawful detention (intentionally or knowingly detaining or restraining someone against their will without legal authority) is a class B misdemeanor (up to 6 months and $1,000). Kidnapping (holding someone for a substantial period or in circumstances risking injury, in involuntary servitude, or moving them a substantial distance or across a state line, or holding a minor 14 to 17 without parental consent) is a second degree felony (1 to 15 years). Child kidnapping (seizing or holding a child under 14 without the parent's consent) is a first degree felony with a prison term of 15 years to life, or life without parole if the child suffered serious bodily injury or the offender has a prior grievous sexual offense. Aggravated kidnapping (kidnapping with a dangerous weapon or for ransom, as a hostage, to commit a felony or sexual offense, or to injure or terrorize) carries the same 15-years-to-life sentence; the same aggravating factors during an unlawful detention make it a third degree felony.

Utah calls this a threat of violence: threatening to commit a sexual offense or an offense involving bodily injury, death or substantial property damage, intending to make someone fear it will happen imminently, or threatening bodily injury along with a show of immediate force. It is a class B misdemeanor (up to 6 months and $1,000), punished in addition to any act carried out, and it is no defense that the person could not or did not try to carry out the threat. Separate laws cover threats against schools, terrorism, threats to influence official action, and threats against judges, elected officials and child welfare workers, which carry higher grades.

Stealing an operable motor vehicle is theft, a second degree felony (1 to 15 years) regardless of value. Taking a vehicle only to use it temporarily is 'unauthorized control for extended time,' a class A misdemeanor (up to 364 days), which becomes a third degree felony (up to 5 years) if the vehicle is not returned within 24 hours, is damaged $500 or more or damaged to get in or start it, or is used to commit a felony. Under the Criminal Code, temporarily taking an operable motor vehicle without consent (unauthorized possession of property) is also a third degree felony.

Receiving, keeping, or getting rid of someone else's property knowing or believing it is probably stolen, or helping hide or sell it, intending to deprive the owner, is theft by receiving stolen property. It is a class B misdemeanor under $500; class A misdemeanor at $500 to under $1,500; third degree felony at $1,500 to under $5,000 (or for a catalytic converter, or with certain prior theft convictions); and second degree felony at $5,000 or more or if the property is a firearm or an operable motor vehicle. Knowledge is presumed if the person has other stolen property or received stolen property within the past year; pawnbrokers and secondhand dealers are presumed to know only if they do not follow their record-keeping duties.

Utah has no state law that creates a separate organized retail theft offense. Shoplifting is charged as retail theft, graded like other theft: class B misdemeanor under $500, class A misdemeanor at $500 to under $1,500 (or for a repeat thief on a store's no-trespass notice), third degree felony at $1,500 to under $5,000 or with certain prior theft convictions, and second degree felony at $5,000 or more or for a firearm or operable motor vehicle.

Utah moved its drug crimes into the Criminal Code (Title 76, Chapter 18) in 2026. Knowingly and intentionally distributing, or agreeing or arranging to distribute, a controlled or counterfeit substance is a second degree felony for Schedule I or II drugs (other than marijuana), a third degree felony for Schedule III or IV drugs or marijuana, and a class A misdemeanor for Schedule V; a second or later conviction is one degree higher (first degree for Schedule I or II). A prison term is required (unless the court makes specific findings) when a weapon or firearm is used or readily accessible. Producing, manufacturing, distributing, or possessing with intent to distribute 100 grams or more of a mixture containing fentanyl is trafficking, a first degree felony (5 years to life) with limits on probation.

Getting a controlled substance or a prescription by misrepresentation, fraud, forgery, deception, subterfuge, altering a prescription, using a false name or address, or failing to disclose that you received a controlled substance from another source (doctor shopping) is 'unlawful conduct to obtain a controlled substance.' It is a class A misdemeanor (up to 364 days and $2,500) on a first or second conviction and a third degree felony (up to 5 years) on a third or later conviction. Separate offenses cover making, forging or altering a prescription and possessing an altered or forged prescription.

Utah calls this negligently operating a vehicle resulting in injury: driving (including a motorboat or off-highway vehicle) in a negligent manner and causing bodily injury while having a .05 or higher blood or breath alcohol concentration or being too impaired to drive safely, or driving with criminal negligence and causing injury with any measurable controlled substance in the body. It is a class A misdemeanor (up to 364 days, or up to one year for Chapter 5 offenses) and a third degree felony (up to 5 years) if the injury is serious bodily injury or the driver has two prior DUI-related convictions within 10 years or any prior felony DUI conviction. Each injured victim is a separate offense.

Taking part in a motor vehicle speed contest or exhibition of speed on a highway is a class A misdemeanor (up to 364 days and $2,500), and placing barricades or obstructions on a highway for a race is a class B misdemeanor. A speed contest conviction also suspends the driver license for 60 days on a first offense and 90 days on a second offense within three years. A vehicle that is not street legal and is used in the offense is subject to seizure.

Utah's driving under the influence law applies to motorboats, because 'vehicle' in the DUI part includes a motorboat. Operating or being in actual physical control with a blood or breath alcohol concentration of .05 or more, or while too impaired by alcohol or drugs to operate safely, is a class B misdemeanor (up to 6 months and $1,000). It is a class A misdemeanor with a passenger under 16 (or under 18 if the operator is 21 or older) or one prior conviction within 10 years, and a third degree felony with two or more prior convictions within 10 years or any prior felony DUI conviction.

Insurance fraud covers, with intent to deceive or defraud, giving an insurer false or fraudulent material information in an application or a claim (or in a personal injury or property damage claim), knowingly accepting proceeds of a fraudulent insurance act, using 'runners,' and failing to forward premiums. Lying on an application to get a policy the insurer would not otherwise issue is a class A misdemeanor. Other fraudulent insurance acts are graded by the total value sought or obtained: class B misdemeanor under $500; class A misdemeanor at $500 to under $1,500; third degree felony at $1,500 to under $5,000; second degree felony at $5,000 or more.

Public assistance fraud includes failing to disclose required facts when applying, failing to report changes in income or circumstances within 10 days or at review, misusing or trafficking SNAP benefits or Medicaid cards, and receiving unauthorized payments. Each is graded by the value of the benefits: class B misdemeanor under $500; class A misdemeanor at $500 to under $1,500; third degree felony at $1,500 to under $5,000; second degree felony at $5,000 or more, with related instances added together, and repaying the benefits is not a defense. Making a false statement or hiding a material fact to obtain or increase unemployment benefits is graded on the same value scale.

Offering, promising or giving any benefit to influence a public servant's, party official's or voter's action, decision, vote or discretion is bribery, a second degree felony if the benefit is $1,000 or more and a third degree felony if less. A public servant (or party official or voter) who asks for or accepts such a benefit commits a second degree felony if the benefit is more than $1,000 and a third degree felony if $1,000 or less. Commercial bribery (an employee, agent or fiduciary taking or being offered a benefit to act against their employer's interests) is a class A misdemeanor.

Intentionally or willfully trying to evade or defeat a Utah tax, or its payment, is a second degree felony (1 to 15 years), with a fine of $1,500 to $25,000. Knowingly and intentionally, without a good faith basis, failing to file a return or supply information on time, or filing a false or fraudulent return or statement, is a third degree felony with a fine of $1,000 to $5,000. Operating without a required tax registration, license or permit is a class B misdemeanor with a $500 to $1,000 fine; late filing and late payment also carry civil percentage penalties.

Rape (sexual intercourse without consent, including with a spouse) is a first-degree felony: 5 years to life in prison, rising to 10 years to life if the victim is an incapacitated person, 15 years to life if the defendant caused serious bodily injury, and life without parole for a defendant with a prior grievous sexual offense. Object rape and forcible sodomy are separate first-degree felonies. Forcible sexual abuse (non-consensual sexual touching of someone 14 or older) is a second-degree felony (1 to 15 years), or first degree (15 years to life) if serious bodily injury is caused. Aggravated sexual assault (a sexual assault with a weapon, threats of kidnapping, death or serious injury, or help from others) is a first-degree felony with a minimum of 6, 10 or 15 years to life depending on the conduct. For age-based offenses see the age-of-consent page.

Rape of a child (sexual intercourse, including skin-to-skin genital contact, with a child under 14) is a first-degree felony punishable by 25 years to life, or life without parole if the defendant caused serious bodily injury or has a prior grievous sexual offense; object rape of a child and sodomy on a child are similar first-degree felonies. Sexual abuse of a child (sexual touching of a child under 14 short of those offenses) is a second-degree felony (1 to 15 years). Aggravated sexual abuse of a child (the same touching with force, a weapon, injury, a position of special trust, a prior sex offense, multiple victims or other listed factors) is a first-degree felony punishable by 15 years to life, or life without parole in some cases. Prison terms for these offenses are mandatory.

Utah calls it child sexual abuse material. Knowingly possessing, viewing or accessing it (sexual exploitation of a minor) is a second-degree felony (1 to 15 years), and each minor and each separate depiction is a separate offense. Distributing or producing it, or a parent or guardian allowing a child to be exploited (aggravated sexual exploitation of a minor), is a first-degree felony (5 years to life), or second degree if the offender is under 18. There is a narrow defense for a person no more than two years older than the minor depicted who did not solicit the material and deletes it on request. Separate offenses cover apparent (computer-generated) child sexual abuse material.

Yes. Enticing a minor (using texts, the internet or another electronic communication, or building a relationship of trust with a minor or the minor's parent, to solicit, lure or entice someone under 18, or someone believed to be under 18, into illegal sexual activity) is graded one step below the sex offense sought: second-degree felony if the target offense is a first-degree felony (first degree, 3 years to life, on a repeat conviction), third-degree felony for a second-degree target offense, and down to a class C misdemeanor. It is no defense that an undercover officer was involved. A felony enticer with a prior listed sex or kidnapping conviction must be imprisoned with no probation.

People convicted of listed sex, kidnapping and child abuse offenses must register on Utah's Sex, Kidnap, and Child Abuse Offender Registry. Many offenses (such as forcible sexual abuse, enticing a minor, incest and voyeurism felonies) require registration for 10 years after the sentence ends; rape, rape of a child, object rape, sodomy on a child, aggravated sexual abuse of a child, aggravated sexual assault, child kidnapping and sex trafficking, and any repeat registrable offense require lifetime registration, with petitions for removal possible after 5, 10 or 20 years in some cases. Knowingly failing to register or giving false information is a third-degree felony (up to 5 years) for felony or lifetime registrants, or a class A misdemeanor for misdemeanor registrants, each with at least 30 days in jail and one year of probation, and one more year of registration for each year of noncompliance.

Utah uses 'restricted person' categories. A category I restricted person (anyone convicted of a violent felony, on probation or parole for any felony, or within 10 years of a juvenile adjudication for a violent felony, among others) who possesses a firearm commits a second-degree felony (1 to 15 years). A category II restricted person (including people convicted of a felony domestic violence offense or multiple felonies, and people within 7 years of completing a sentence for another felony) who possesses a firearm commits a third-degree felony (up to 5 years). The restriction does not apply if the conviction was expunged, set aside, reduced to a misdemeanor or pardoned, or civil rights were restored, unless that order expressly bars firearms.

Accessing a computer without authorization (or exceeding authorization) in a way that alters, damages, copies or discloses data, interferes with use, enables surveillance or causes loss, or carrying out a denial-of-service attack, is graded by loss: class B misdemeanor under $500, class A misdemeanor for $500 to $1,500, third-degree felony for $1,500 to $5,000 or where confidential or identifying information is obtained or a security system is breached, and second-degree felony for $5,000 or more. Using a computer to defraud follows similar value tiers. Interfering with critical infrastructure is a third-degree felony, and simple unauthorized access is a class B misdemeanor. The statutes do not name ransomware.

One-party consent. A person who is a party to a phone, electronic or in-person (oral) conversation, or who has prior consent from one party, may record it unless it is done to commit a criminal or tortious act. Unlawfully intercepting a communication is generally a third-degree felony (up to 5 years and a $5,000 fine), and the person recorded may sue.

Knowingly giving police or a government agency false information to make them believe someone committed a crime, or reporting a crime the person knows did not happen, is a class B misdemeanor (up to 6 months and a $1,000 fine). Making a false alarm of a fire, bombing or other emergency likely to cause an evacuation is a class B misdemeanor, a third-degree felony if it alleges an ongoing or imminent threat that causes or threatens harm, and a second-degree felony if it concerns a weapon of mass destruction. Swatting (falsely reporting to 911 or police an emergency threatening serious injury or death at a specific place) is a second-degree felony (1 to 15 years), with reimbursement of response costs and at least 4 days in jail or 40 hours of community service.

Yes. If the jury or judge finds the defendant intentionally chose the victim or property because of a perceived personal attribute (age, ancestry, disability, ethnicity, familial status, gender identity, homelessness, marital status, matriculation, national origin, political expression, race, religion, sex, sexual orientation, military service, or status as an emergency responder or police officer), the offense is raised: class C to class B, class B to class A, class A misdemeanor to a third-degree felony, and third- and second-degree felonies get higher minimum terms (1 and 2 years). For first-degree felonies it is an aggravating factor at sentencing. A separate civil rights law raises listed misdemeanors committed to intimidate or terrorize someone from exercising their rights.

Utah has parole, granted and revoked by the Board of Pardons and Parole. A parolee held for a suspected violation cannot be kept more than 72 hours (excluding weekends and holidays) without a warrant; after a probable cause finding, the board or its hearing examiner holds a hearing with written notice, the right to be present, present evidence and cross-examine witnesses. The board decides by majority vote and may return the person to parole, order damages or other conditions, or order imprisonment up to the maximum sentence, generally following the state's sentencing and supervision guidelines. Jail time awaiting the revocation decision counts toward the incarceration ordered.

Intentionally or knowingly violating a protective order, child protective order, ex parte order, criminal protective order or a valid foreign protection order, after being served or present when it was issued, is a class A misdemeanor (up to 364 days and a $2,500 fine). It is treated as a domestic violence offense, so a violation committed within 10 years of a prior domestic violence conviction (5 years for a property damage offense) is raised to a third-degree felony (up to 5 years).

A 16- or 17-year-old charged as a principal with aggravated murder or murder must be charged in district (adult) court, though they cannot receive death or life without parole. For a 16- or 17-year-old charged with listed violent felonies (such as aggravated assault causing serious injury, attempted murder, aggravated kidnapping, aggravated sexual assault, aggravated burglary or robbery, or a repeat dangerous-weapon felony), or a 14- or 15-year-old charged with murder or aggravated murder (or attempt), the prosecutor may file a criminal information in juvenile court, and the juvenile court holds a preliminary hearing. The case is bound over to adult court only if the prosecutor shows probable cause and, by a preponderance of the evidence, that keeping the case in juvenile court is against the best interests of the minor and the public, considering seriousness, violence, the minor's history and rehabilitation prospects.

Utah has the death penalty. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance) is a capital felony when the prosecutor files a notice of intent to seek death; otherwise it is a noncapital first degree felony. For an offender 18 or older, a capital felony is punished by death, an indeterminate prison term of at least 25 years that may be for life, or life without parole (death and life without parole do not apply to an offender under 18 sentenced on or after May 10, 2016). Lethal intravenous injection is the method of execution; a firing squad is used if a court holds the defendant has a right to it, if lethal injection is held unconstitutional, or if the court finds the state cannot lawfully obtain the drugs at least 30 days before the execution date.

In Utah a person with a felony conviction cannot vote only while incarcerated. The right to register and vote is restored automatically when the person is sentenced to probation, is granted parole, or successfully completes the prison term. This applies to felony convictions from any state or federal court.

Voting returns automatically at probation, parole or the end of incarceration. The right to hold elective office returns when all felony convictions are expunged, or when 10 years have passed since the most recent felony conviction, all court-ordered restitution and fines are paid, and probation, parole or incarceration is complete for each unexpunged felony (a person convicted of a grievous sexual offense against a child may never serve on a state or local school board). A person with a felony conviction cannot serve on a jury unless the conviction is expunged or reduced to a misdemeanor. Firearm restrictions end when the conviction is expunged, set aside, reduced to a misdemeanor or pardoned, or civil rights are restored, unless the order expressly bars firearms.

Utah's habitual violent offender law applies to a person convicted of a violent felony (such as homicide, aggravated assault, kidnapping, rape, robbery, arson or abuse of a vulnerable adult) who on at least two previous occasions was convicted of a violent felony and committed to prison. If the jury or judge finds this beyond a reasonable doubt, a second or third degree felony is punished as a first degree felony (at least five years and up to life), and for a first degree felony the person is not eligible for probation and the Board of Pardons and Parole must treat the status as an aggravating factor. The prosecutor must give notice in the charging document.

Utah allows hemp cannabinoid products only if they are registered with the Department of Agriculture and Food and meet strict THC limits: less than 0.3% total THC plus any 'THC analog' (a substance structurally or pharmacologically similar to delta-9 THC, which covers intoxicating hemp cannabinoids) by dry weight, no more than 10% of total cannabinoid content, and no more than 5 milligrams per serving and 150 milligrams per package. Total THC includes THCA (delta-9 THC + THCA x 0.877). Products containing THCP, THC acetate or HHC are non-compliant and may be seized. It is unlawful to sell a product containing THC or a THC analog to anyone under 21, to sell smokable hemp flower, or to add these products to conventional food or drinks or market them to children; cannabinoid vapes may not be sold to anyone.

Psilocybin and psilocyn are Schedule I controlled substances in Utah. Possessing a Schedule I substance (other than marijuana) is a class A misdemeanor (up to 364 days and $2,500) for a first or second conviction, and a third degree felony (up to five years) for a third conviction within seven years. Utah also lets certain large or university-affiliated healthcare systems run behavioral health treatment programs using psilocybin that is in FDA Phase 3 testing, for patients 18 or older under direct supervision; people who comply are not guilty of a drug offense.

Kratom is legal but tightly regulated in Utah. Processors and retailers may sell only registered 'pure leaf kratom' (plant matter with no kratom extract and no more than 0.4% 7-hydroxymitragynine of total kratom alkaloids) labeled with its mitragynine and 7-hydroxymitragynine content; violating this is a class B misdemeanor for a first violation, a class A misdemeanor for a second and a third degree felony after that. Retailers must register with the Department of Agriculture and Food and be licensed as a retail tobacco specialty business. Selling kratom to anyone under 21 is a class A misdemeanor for each violation.

Hemp CBD products ('cannabinoid products') may be sold and used in Utah only if they are on the Department of Agriculture and Food's list of registered products (or FDA-approved); an individual may use CBD bought outside the state if it does not violate the controlled substance laws. Products must be tested and labeled, stay within the THC limits (less than 0.3% THC plus THC analogs, 5 mg per serving and 150 mg per package), and marketing must say the product is hemp or CBD and not cannabis or medical cannabis. CBD may not be added to conventional food or beverages, marketed to children or sold as smokable flower; selling an unregistered product carries a fine of up to $5,000.

The minimum age to buy tobacco, e-cigarette and nicotine products in Utah is 21. A retail employee who sells them to someone under 21 commits a class A misdemeanor; anyone else who provides them to a person under 21 commits a class C misdemeanor, class B for a second offense and class A for a third. A person 18 to 20 who buys or possesses these products commits an infraction with a minimum $60 fine and a tobacco education or cessation program; a person under 18 receives a juvenile citation.

Utah protects 'vulnerable adults': anyone 65 or older ('elder adult') and dependent adults 18 or older with a mental or physical impairment. Abuse of a vulnerable adult is a class A misdemeanor if intentional or knowing (class B if reckless, class C if criminally negligent), and a third degree felony if based on isolation. Aggravated abuse causing serious physical injury is a second degree felony if intentional or knowing, third degree if reckless, and a class A misdemeanor if negligent. Financial exploitation is a second degree felony if intentional or knowing and $5,000 or more, a third degree felony under $5,000, a class A misdemeanor if reckless and class B if negligent. Not knowing the victim's age is not a defense.

Voyeurism (viewing or trying to view a private part of someone's body without their knowledge or consent where they expect privacy, including a public restroom) is a class B misdemeanor, and a class A misdemeanor if the victim is under 14, it happens in an opposite-sex privacy space, or it accompanies lewdness or similar offenses. Secretly recording or photographing someone that way is a class A misdemeanor, and a third degree felony in those same aggravated circumstances. Distributing or selling such images is a third degree felony, or a second degree felony if the image is of a child under 14.

Assault or threat of violence against a peace officer (or an officer's family member because of the officer's status) is a class A misdemeanor (up to 364 days and $2,500), compared with a class B misdemeanor for most simple assaults. It is a third degree felony if it causes substantial bodily injury or the actor has a prior conviction for this offense, and a second degree felony if a dangerous weapon or force likely to cause death or serious injury is used. A second offense carries at least 90 consecutive days in jail and each later offense at least 180 days, unless the court suspends it with findings. Aggravated assault on an officer causing serious bodily injury is a first degree felony.