Utah criminal charge
Accident involving property damage in Utah
Accident involving property damage is a criminal offense under Utah law, defined by Utah Code Ann. § 41-6a-401. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 41-6a-401.
What is the penalty for accident involving property damage in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Base violation of duties after accident — A violation of Subsection (7) is a class B misdemeanor except as otherwise provided in Subsection (8)(b) or (c).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Base violation of duties after accident — A violation of Subsection (7) is a class B misdemeanor except as otherwise provided in Subsection (8)(b) or (c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Violation with one prior related conviction within 10 years — A violation of Subsection (7) is a class A misdemeanor if within 10 years before the current violation the operator was convicted once of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, a misdemeanor DUI under 41-6a-502, or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Violation with one prior related conviction within 10 years — A violation of Subsection (7) is a class A misdemeanor if within 10 years before the current violation the operator was convicted once of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, a misdemeanor DUI under 41-6a-502, or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Violation with two or more qualifying prior convictions within 10 years — A violation of Subsection (7) is a third degree felony if within 10 years before the current violation the operator was convicted two or more times of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, DUI under 41-6a-502(2)(a) or (b), or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x), or was convicted of a specified felony or class A misdemeanor offense listed in Subsection (8)(c)(ii).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Violation with two or more qualifying prior convictions within 10 years — A violation of Subsection (7) is a third degree felony if within 10 years before the current violation the operator was convicted two or more times of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, DUI under 41-6a-502(2)(a) or (b), or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x), or was convicted of a specified felony or class A misdemeanor offense listed in Subsection (8)(c)(ii).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is accident involving property damage classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base violation of duties after accident | Class B Misdemeanor | A violation of Subsection (7) is a class B misdemeanor except as otherwise provided in Subsection (8)(b) or (c). | Utah Code Ann. § 41-6a-401(8)(a) |
| Violation with one prior related conviction within 10 years | Class A Misdemeanor | A violation of Subsection (7) is a class A misdemeanor if within 10 years before the current violation the operator was convicted once of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, a misdemeanor DUI under 41-6a-502, or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x). | Utah Code Ann. § 41-6a-401(8)(b) |
| Violation with two or more qualifying prior convictions within 10 years | Third Degree Felony | A violation of Subsection (7) is a third degree felony if within 10 years before the current violation the operator was convicted two or more times of a violation of Subsection (7), a misdemeanor duty-to-stop offense under 41-6a-401.3, DUI under 41-6a-502(2)(a) or (b), or a misdemeanor offense under 41-6a-501(2)(a)(i)-(x), or was convicted of a specified felony or class A misdemeanor offense listed in Subsection (8)(c)(ii). | Utah Code Ann. § 41-6a-401(8)(c) |
Common questions about accident involving property damage in Utah
Is accident involving property damage a felony or a misdemeanor in Utah?
It depends on the circumstances: accident involving property damage ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 41-6a-401.
Base violation of duties after accident: Class B Misdemeanor (Utah Code Ann. § 41-6a-401(8)(a)) · Violation with one prior related conviction within 10 years: Class A Misdemeanor (Utah Code Ann. § 41-6a-401(8)(b)) · Violation with two or more qualifying prior convictions within 10 years: Third Degree Felony (Utah Code Ann. § 41-6a-401(8)(c))
What are the penalties for accident involving property damage in Utah?
Which Utah statute covers accident involving property damage?
Accident involving property damage is governed by Utah Code Ann. § 41-6a-401 (Accident involving property damage - Duties of operator, occupant, and owner - Exchange of information - Notification of law enforcement - Penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.