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Utah statute

Utah Code Ann. § 76-3-406.5 — Aggravating factors in imprisonment for certain criminal homicide cases.

Current through 2026 General Session

Part of Part 4: Limitations and Special Provisions on Sentences, Utah Code.

Full text of Utah Code Ann. § 76-3-406.5

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. § 76-3-406.5Primary source, current through the 2026 General Session
(1) As used in this section: (1)(a) "Cohabitant" has the same definition as in Section 78B-7-102. (1)(b) "Position of trust" includes the position of a spouse, parent, or cohabitant. (2) It is an aggravating factor that the actor occupied a position of trust in relation to the victim. (3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for an actor convicted of: (3)(a) aggravated murder under Section 76-5-202; (3)(b) murder under Section 76-5-203; (3)(c) manslaughter under Section 76-5-205; or (3)(d) aiding or encouraging suicide under Section 76-5-211. (4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing an actor convicted of: (4)(a) manslaughter under Section 76-5-205; or (4)(b) aiding or encouraging suicide under Section 76-5-211.

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