Utah criminal charge
Enhancement of offense and penalty for subsequent domestic violence offenses in Utah
Enhancement of offense and penalty for subsequent domestic violence offenses is a criminal offense under Utah law, defined by Utah Code Ann. § 77-36-1.1. 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. § 77-36-1.1.
What is the penalty for enhancement of offense and penalty for subsequent domestic violence offenses in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Class C misdemeanor domestic violence offense with prior qualifying offense — A class C misdemeanor domestic violence offense is enhanced to a class B misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Class C misdemeanor domestic violence offense with prior qualifying offense — A class C misdemeanor domestic violence offense is enhanced to a class B misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Class B misdemeanor domestic violence offense with prior qualifying offense — A class B misdemeanor domestic violence offense is enhanced to a class A misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense.; 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 (Class B misdemeanor domestic violence offense with prior qualifying offense — A class B misdemeanor domestic violence offense is enhanced to a class A misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is enhancement of offense and penalty for subsequent domestic violence offenses classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Class C misdemeanor domestic violence offense with prior qualifying offense | Class B Misdemeanor | A class C misdemeanor domestic violence offense is enhanced to a class B misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense. | Utah Code Ann. § 77-36-1.1(2) |
| Class B misdemeanor domestic violence offense with prior qualifying offense | Class A Misdemeanor | A class B misdemeanor domestic violence offense is enhanced to a class A misdemeanor when committed or convicted within 10 years of a prior qualifying domestic violence offense (non-property damage) or within five years of a prior property damage offense. | Utah Code Ann. § 77-36-1.1(3) |
Common questions about enhancement of offense and penalty for subsequent domestic violence offenses in Utah
Is enhancement of offense and penalty for subsequent domestic violence offenses a felony or a misdemeanor in Utah?
It depends on the circumstances: enhancement of offense and penalty for subsequent domestic violence offenses ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 77-36-1.1.
Class C misdemeanor domestic violence offense with prior qualifying offense: Class B Misdemeanor (Utah Code Ann. § 77-36-1.1(2)) · Class B misdemeanor domestic violence offense with prior qualifying offense: Class A Misdemeanor (Utah Code Ann. § 77-36-1.1(3))
What are the penalties for enhancement of offense and penalty for subsequent domestic violence offenses in Utah?
Penalties for enhancement of offense and penalty for subsequent domestic violence offenses in Utah depend on how it is classified — from a Class B Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers enhancement of offense and penalty for subsequent domestic violence offenses?
Enhancement of offense and penalty for subsequent domestic violence offenses is governed by Utah Code Ann. § 77-36-1.1 (Enhancement of offense and penalty for subsequent domestic violence offenses).
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.