Utah statute

Utah Code Ann. § 76-11-210 — Felony discharge of a firearm.

Current through 2026 General Session

Part of Part 2: General Weapons Violations, Utah Code.

Criminal charges under this statute

Felony discharge of a firearm

Full text of Utah Code Ann. § 76-11-210

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-11-210Primary source, current through the 2026 General Session

(1)(a) As used in this section, "habitable structure" means the same as that term is defined in Section 76-6-101. (1)(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section. (2) An actor commits felony discharge of a firearm if: (2)(a) the actor discharges a firearm in the direction of an individual, knowing or having reason to believe that an individual may be endangered by the discharge of the firearm; (2)(b) the actor, with intent to intimidate or harass another individual or with intent to damage a habitable structure, discharges a firearm in the direction of an individual or a habitable structure; or (2)(c) the actor, with intent to intimidate or harass another individual, discharges a firearm in the direction of a vehicle. (3)(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a third degree felony punishable by a term of imprisonment of not less than three years nor more than five years. (3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years. (3)(c) A violation of Subsection (2) that causes serious bodily injury to an individual is a first degree felony. (4) In addition to any other penalties for a violation of this section, the court shall: (4)(a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and (4)(b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c). (5) This section does not apply to an actor: (5)(a) who discharges a firearm in the lawful defense of the actor or another individual; (5)(b) who is an individual listed in Subsections 53-5a-108(1)(a) through (f) and is performing official duties as provided in Section 23A-2-207 or 79-2-704, or as otherwise authorized by law; (5)(c) who discharges a dangerous weapon from an automobile or other vehicle, if: (5)(c)(i) the discharge occurs at a firing range or training ground; (5)(c)(ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i); (5)(c)(iii) the discharge is made as practice or training for a lawful purpose; (5)(c)(iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and (5)(c)(v) the discharge is not made in violation of Subsection (2); or (5)(d) acting under a farm custom slaughter license, discharges a firearm or other dangerous weapon in accordance with Subsection 4-32-108(3).

Official sources

Legal terms used in this section

Questions this section answers

Is felony discharge of a firearm a felony or a misdemeanor in Utah?

It depends on the circumstances: felony discharge of a firearm ranges from a Third Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-11-210.

Felony discharge of a firearm — base offense: Third Degree Felony (Utah Code Ann. § 76-11-210(3)(a)) · Felony discharge of a firearm — causing bodily injury: Second Degree Felony (Utah Code Ann. § 76-11-210(3)(b)) · Felony discharge of a firearm — causing serious bodily injury: First Degree Felony (Utah Code Ann. § 76-11-210(3)(c))

Which Utah statute covers felony discharge of a firearm?

Felony discharge of a firearm is governed by Utah Code Ann. § 76-11-210 (Felony discharge of a firearm).

This reference is informational and is not legal advice.