Utah criminal charge
Disarming a peace officer in Utah
Disarming a peace officer is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-102.8. 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. § 76-5-102.8.
What is the penalty for disarming a peace officer in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Disarming a peace officer — firearm — The violation of Subsection (2) involves a firearm.; indeterminate prison term of not less than five years and which may be for life, 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 (Disarming a peace officer — firearm — The violation of Subsection (2) involves a firearm.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Disarming a peace officer — conductive energy device — The violation of Subsection (2) involves a conductive energy device.; 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 (Disarming a peace officer — conductive energy device — The violation of Subsection (2) involves a conductive energy device.; 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 disarming a peace officer classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disarming a peace officer — firearm | First Degree Felony | The violation of Subsection (2) involves a firearm. | Utah Code Ann. § 76-5-102.8(3)(a) |
| Disarming a peace officer — conductive energy device | Third Degree Felony | The violation of Subsection (2) involves a conductive energy device. | Utah Code Ann. § 76-5-102.8(3)(b) |
Common questions about disarming a peace officer in Utah
Is disarming a peace officer a felony or a misdemeanor in Utah?
It depends on the circumstances: disarming a peace officer ranges from a Third Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-102.8.
Disarming a peace officer — firearm: First Degree Felony (Utah Code Ann. § 76-5-102.8(3)(a)) · Disarming a peace officer — conductive energy device: Third Degree Felony (Utah Code Ann. § 76-5-102.8(3)(b))
What are the penalties for disarming a peace officer in Utah?
Penalties for disarming a peace officer in Utah depend on how it is classified — from a Third Degree Felony up to a First 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 disarming a peace officer?
Disarming a peace officer is governed by Utah Code Ann. § 76-5-102.8 (Disarming a peace officer - 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.