Utah criminal charge
Automobile homicide involving a handheld wireless communication device while driving in Utah
Automobile homicide involving a handheld wireless communication device while driving is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-207.5. 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. § 76-5-207.5.
What is the penalty for automobile homicide involving a handheld wireless communication device while driving in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Automobile homicide with handheld wireless device — negligent operation — Applies by default when the actor negligently operates a moving motor vehicle while using a wireless communication device in violation of Section 41-6a-1716 and causes another's death, unless the criminally negligent standard in (3)(b) applies.; 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 (Automobile homicide with handheld wireless device — negligent operation — Applies by default when the actor negligently operates a moving motor vehicle while using a wireless communication device in violation of Section 41-6a-1716 and causes another's death, unless the criminally negligent standard in (3)(b) applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Automobile homicide with handheld wireless device — criminally negligent operation — Applies when the actor operated the moving motor vehicle in a criminally negligent manner while using a wireless communication device and caused another's death.; 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 $10,000 (Automobile homicide with handheld wireless device — criminally negligent operation — Applies when the actor operated the moving motor vehicle in a criminally negligent manner while using a wireless communication device and caused another's death.; 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 automobile homicide involving a handheld wireless communication device while driving classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Automobile homicide with handheld wireless device — negligent operation | Third Degree Felony | Applies by default when the actor negligently operates a moving motor vehicle while using a wireless communication device in violation of Section 41-6a-1716 and causes another's death, unless the criminally negligent standard in (3)(b) applies. | Utah Code Ann. § 76-5-207.5(3)(a) |
| Automobile homicide with handheld wireless device — criminally negligent operation | Second Degree Felony | Applies when the actor operated the moving motor vehicle in a criminally negligent manner while using a wireless communication device and caused another's death. | Utah Code Ann. § 76-5-207.5(3)(b) |
Common questions about automobile homicide involving a handheld wireless communication device while driving in Utah
Is automobile homicide involving a handheld wireless communication device while driving a felony or a misdemeanor in Utah?
It depends on the circumstances: automobile homicide involving a handheld wireless communication device while driving ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-207.5.
Automobile homicide with handheld wireless device — negligent operation: Third Degree Felony (Utah Code Ann. § 76-5-207.5(3)(a)) · Automobile homicide with handheld wireless device — criminally negligent operation: Second Degree Felony (Utah Code Ann. § 76-5-207.5(3)(b))
What are the penalties for automobile homicide involving a handheld wireless communication device while driving in Utah?
Penalties for automobile homicide involving a handheld wireless communication device while driving in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers automobile homicide involving a handheld wireless communication device while driving?
Automobile homicide involving a handheld wireless communication device while driving is governed by Utah Code Ann. § 76-5-207.5 (Automobile homicide involving a handheld wireless communication device while driving).
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.