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Utah criminal charge

Offenses in Utah

Current through 2026 Utah legislative session

Offenses is a criminal offense under Utah law, defined by Utah Code Ann. § 77-23a-4. 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. § 77-23a-4.

What is the penalty for offenses in Utah?

Penalties for Offenses
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Base violation of interception statute — A violation of Subsection (1) is a third degree felony except as otherwise provided under Subsection (10)(b) or (11).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Base violation of interception statute — A violation of Subsection (1) is a third degree felony except as otherwise provided under Subsection (10)(b) or (11).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonFirst offense, non-tortious, non-commercial interception of unscrambled non-cellular/non-paging radio communication — First offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is not the radio portion of a cellular telephone, public land mobile radio, or paging service communication, and not under Subsection (11).; 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))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (First offense, non-tortious, non-commercial interception of unscrambled non-cellular/non-paging radio communication — First offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is not the radio portion of a cellular telephone, public land mobile radio, or paging service communication, and not under Subsection (11).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 6 months (First offense, non-tortious, non-commercial interception of cellular/public land mobile/paging radio communication — First offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, public land mobile radio service, or paging service communication.)discretionaryUtah Code Ann. § 76-3-204
Fineup to $1,000 (First offense, non-tortious, non-commercial interception of cellular/public land mobile/paging radio communication — First offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, public land mobile radio service, or paging service communication.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204

Applies to current (2026 General Session).

How is offenses classified in Utah?

The classification depends on the circumstances:

Classification variants for Offenses
VariantClassificationWhen it appliesStatute
Base violation of interception statuteThird Degree FelonyA violation of Subsection (1) is a third degree felony except as otherwise provided under Subsection (10)(b) or (11).Utah Code Ann. § 77-23a-4(10)(a)
First offense, non-tortious, non-commercial interception of unscrambled non-cellular/non-paging radio communicationClass A MisdemeanorFirst offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is not the radio portion of a cellular telephone, public land mobile radio, or paging service communication, and not under Subsection (11).Utah Code Ann. § 77-23a-4(10)(b)(i)
First offense, non-tortious, non-commercial interception of cellular/public land mobile/paging radio communicationClass B MisdemeanorFirst offense, not for tortious/illegal purpose or commercial/financial gain, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, public land mobile radio service, or paging service communication.Utah Code Ann. § 77-23a-4(10)(b)(ii)

Common questions about offenses in Utah

Is offenses a felony or a misdemeanor in Utah?

It depends on the circumstances: offenses ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 77-23a-4.

Base violation of interception statute: Third Degree Felony (Utah Code Ann. § 77-23a-4(10)(a)) · First offense, non-tortious, non-commercial interception of unscrambled non-cellular/non-paging radio communication: Class A Misdemeanor (Utah Code Ann. § 77-23a-4(10)(b)(i)) · First offense, non-tortious, non-commercial interception of cellular/public land mobile/paging radio communication: Class B Misdemeanor (Utah Code Ann. § 77-23a-4(10)(b)(ii))

What are the penalties for offenses in Utah?

Penalties for offenses in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.

Which Utah statute covers offenses?

Offenses is governed by Utah Code Ann. § 77-23a-4 (Offenses - Criminal and civil - Lawful interception).

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.