Utah criminal charge
Victim targeting penalty enhancement in Utah
Victim targeting penalty enhancement is a criminal offense under Utah law, defined by Utah Code Ann. § 76-3-203.14. 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. § 76-3-203.14.
How is victim targeting penalty enhancement classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Class C misdemeanor enhanced to class B misdemeanor | Class B Misdemeanor | Applies when the underlying offense would otherwise be a class C misdemeanor and the victim or property was selected based on a personal attribute. | Utah Code Ann. § 76-3-203.14(3)(a)(i) |
| Class B misdemeanor enhanced to class A misdemeanor | Class A Misdemeanor | Applies when the underlying offense would otherwise be a class B misdemeanor and the victim or property was selected based on a personal attribute. | Utah Code Ann. § 76-3-203.14(3)(a)(ii) |
| Class A misdemeanor enhanced to third degree felony | Third Degree Felony | Applies when the underlying offense would otherwise be a class A misdemeanor and the victim or property was selected based on a personal attribute. | Utah Code Ann. § 76-3-203.14(3)(a)(iii) |
| Third degree felony enhanced (increased sentencing range) | Third Degree Felony | Applies when the underlying offense is a third degree felony and the victim or property was selected based on a personal attribute, resulting in an indeterminate term of one to five years. | Utah Code Ann. § 76-3-203.14(3)(a)(iv) |
| Second degree felony enhanced (increased sentencing range) | Second Degree Felony | Applies when the underlying offense is a second degree felony and the victim or property was selected based on a personal attribute, resulting in an indeterminate term of two to fifteen years. | Utah Code Ann. § 76-3-203.14(3)(a)(v) |
| First degree felony with aggravating factor consideration | First Degree Felony | Applies when the underlying offense is a first degree felony and the victim or property was selected based on a personal attribute; the selection must be considered an aggravating factor by the sentencing judge or Board of Pardons and Parole rather than reclassified. | Utah Code Ann. § 76-3-203.14(3)(b) |
Common questions about victim targeting penalty enhancement in Utah
Is victim targeting penalty enhancement a felony or a misdemeanor in Utah?
It depends on the circumstances: victim targeting penalty enhancement ranges from a Class B Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-3-203.14.
Class C misdemeanor enhanced to class B misdemeanor: Class B Misdemeanor (Utah Code Ann. § 76-3-203.14(3)(a)(i)) · Class B misdemeanor enhanced to class A misdemeanor: Class A Misdemeanor (Utah Code Ann. § 76-3-203.14(3)(a)(ii)) · Class A misdemeanor enhanced to third degree felony: Third Degree Felony (Utah Code Ann. § 76-3-203.14(3)(a)(iii)) · Third degree felony enhanced (increased sentencing range): Third Degree Felony (Utah Code Ann. § 76-3-203.14(3)(a)(iv)) · Second degree felony enhanced (increased sentencing range): Second Degree Felony (Utah Code Ann. § 76-3-203.14(3)(a)(v)) · First degree felony with aggravating factor consideration: First Degree Felony (Utah Code Ann. § 76-3-203.14(3)(b))
Which Utah statute covers victim targeting penalty enhancement?
Victim targeting penalty enhancement is governed by Utah Code Ann. § 76-3-203.14 (Victim targeting penalty enhancement - 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.