Utah statute
Utah Code Ann. § 76-8-313 — Threatened or attempted assault on an elected official.
Current through 2026 General Session
Part of Part 3: Obstructing Governmental Operations, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-8-313
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.
(1)(a) As used in this section, "elected official" means: (1)(a)(i) an elected official of the state, county, or city; (1)(a)(ii) an immediate family member of an individual described in Subsection (1)(a)(i); (1)(a)(iii) a temporary judge appointed to fill a vacant judicial position; (1)(a)(iv) a judge not yet retained by a retention election; (1)(a)(v) a member of a school board; or (1)(a)(vi) an individual appointed to fill a vacant position of an individual described in Subsection (1)(a)(i). (1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits threatened or attempted assault on an elected official: (2)(a) if the actor attempts or threatens, irrespective of a showing of immediate force or violence, to inflict bodily injury on an elected official with the intent to impede, intimidate, or interfere with the elected official in the performance of the elected official's official duties or with the intent to retaliate against the elected official because of the performance of the elected official's official duties; and (2)(b) if the actor's conduct described in Subsection (2)(a) involves a threat, the actor is reckless as to whether the actor's threat would be considered to be threatening by a reasonable person who received the threat. (3)(a) Except as provided by Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (3)(b) A violation of Subsection (2) is a third degree felony if: (3)(b)(i) the actor attempts to inflict bodily injury; or (3)(b)(ii) the elected official receives bodily injury.
Official sources
Legal terms used in this section
Questions this section answers
Is threatened or attempted assault on an elected official a felony or a misdemeanor in Utah?
Threatened or attempted assault on an elected official is a Class B Misdemeanor in Utah under Utah Code Ann. § 76-8-313.
Base offense — threat or attempt without attempted infliction or resulting injury: Class B Misdemeanor (Utah Code Ann. § 76-8-313(3)(a))
Which Utah statute covers threatened or attempted assault on an elected official?
Threatened or attempted assault on an elected official is governed by Utah Code Ann. § 76-8-313 (Threatened or attempted assault on an elected official).
This reference is informational and is not legal advice.